If they refuse to actually take them from my hand must I only have the papers touch their body or can I set them down in their presence?
2007-10-30 07:25:38 · 15 answers · asked by afreeman62 1 in Politics & Government ➔ Law & Ethics
You should pay for a professional to serve the papers. They know all the tricks and legalities.
If you win, you can recover the cost as well.
2007-10-30 07:28:09 · answer #1 · answered by Chief BaggageSmasher 7 · 0⤊ 0⤋
First of all, if you are the plaintiff, then you CANNOT serve the papers yourself. They must be served by a person who is NOT a party to the suit.
Placing the service in front or near the person being served, and saying "You're being sued. Here's your copy" is sufficient.
You can also have the court clerk serve by certified mail.
All of this is in the instruction pamphlet you should have received when you filed your case. Read. There may be additional useful information you overlooked.
2007-10-30 07:53:17 · answer #2 · answered by Mr Placid 7 · 1⤊ 0⤋
Obviously if you are serving papers you can't be a party to the case.
You can TELL the person you are serving them with papers and if they refuse to accept them in their hands, you can place them on the ground or in proximity to the person, and by law the service is considered complete.
Look up Service of Process in Code of Civil Procedure.
http://leginfo.ca.gov
2007-10-30 08:47:17 · answer #3 · answered by Shell Answer Man 5 · 0⤊ 0⤋
I thought people were usually served by someone from the court, because obviously if you have a dispute with this person they are going to act that way. Ask a lawyer whats the best route to go about serving someone.
2007-10-30 07:29:19 · answer #4 · answered by Jessa 5 · 1⤊ 0⤋
I had to do this in CA also. I filed the court papers and then walked to the sherriffs office and paid them ($20 I think) to serve the papers. I would leave it to the pro's!
2007-10-30 07:46:05 · answer #5 · answered by meltzie 3 · 0⤊ 0⤋
they require personal service by someone not a party to the case or related to a party. You can get the sheriff to do it for a fee, or you can use a friend, but they are going to have to find her first. If she can't be found with due dilligence, then courts have rules allowing for alternative service. Dilligence, however, is going to require hiring an investigator or professional process server.
2016-05-26 02:46:20 · answer #6 · answered by ? 3 · 0⤊ 0⤋
Yes to both - if they refuse to take them, you tap them on the shoulder with the envelope containing the Court Summons. Providing there is an (INDEPENDENT) witness prepared to attest to your action of you actually 'serving' the summons, it will be deemed by the court to have been served, notwithstanding the Defendant has failed to accept the summons.
2007-10-30 07:40:18 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Pay a server , it costs about 30 bucks but its worth it ,, that way they cant say they did Not get it ,, Also on the small claims papers you got should have come with a packet saying how to do it if not go back and get one ,,
2007-10-30 07:35:23 · answer #8 · answered by luv them horse's 6 · 0⤊ 0⤋
Pay the fee and have the courts serve him. It may take a little longer but it will get done. You can also take them to their mother, spouse, or employer to serve for you.
2007-10-30 07:33:13 · answer #9 · answered by Shana N 3 · 0⤊ 0⤋
Ask someone of the court. Most likely all you have to do is drop the papers at their feet and walk away.
2007-10-30 07:28:33 · answer #10 · answered by Phurface 6 · 0⤊ 0⤋