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  • refusing to sign for papers

    What do you do if the other party refuses to sign for the papers. My friend has filed for visitation and to modify child support, but the mother of his son refuses to sign for the papers because she knows what they are and doesn't want to do it. She has refused them 3 times. How does he get her served?

  • #2
    Q: How does he get her served?

    A: By publication. (That is just one answer; check with your lawyer for other ideas.)
    “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

    --Benjamin Franklin

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    • #3
      Originally posted by milspecgirl View Post
      What do you do if the other party refuses to sign for the papers. My friend has filed for visitation and to modify child support, but the mother of his son refuses to sign for the papers because she knows what they are and doesn't want to do it. She has refused them 3 times. How does he get her served?
      Your friend may ask the court to serve the defendant by certified mail.

      or

      Any person who is at least 18 years old and not involved in the case may serve papers. The person who serves the papers may have to fill out a Proof of Service form telling what he or she served to the other parties, and there is a chance that the person who served the papers would have to appear in court and tell how he or she served the papers.

      I am not a lawyer, but it sounds to me like that means you or any of his friends can serve her. I don't know how she could refuse the papers when you KNOW you are serving the correct person. I believe at that point, her refusal to accept court papers could be seen as a failure to comply with court orders.

      This is helpful, but from CA:

      http://www.courtinfo.ca.gov/programs..._ServiceBW.pdf
      Last edited by MomofBoys; 01-18-2007, 09:17 AM.

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      • #4
        My ex refused his papers, and they were sent certified. CSE sent a constable to serve the papers.
        This is my personal opinion.

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        • #5
          how would he get a copy of the papers to have them sent certified or have someone give them to her? He has been trying to get his atty to call him back- for 3 days. he's looking for a new atty, but none of them in that county will work on a pymt plan and from very good sources we have heard the judge does not respond fondly to outside attys. they are taking an avg of 85% of his pay for child support and his payroll office won't return his calls either. it's insane.

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          • #6
            Originally posted by milspecgirl View Post
            how would he get a copy of the papers to have them sent certified or have someone give them to her? He has been trying to get his atty to call him back- for 3 days. he's looking for a new atty, but none of them in that county will work on a pymt plan and from very good sources we have heard the judge does not respond fondly to outside attys. they are taking an avg of 85% of his pay for child support and his payroll office won't return his calls either. it's insane.
            If possible, I would park my butt outside that attorney's office and wait all day if necessary, which, of course, is pretty hard to do since he has to go to work. Just call, once an hour or more, over and over. Bugging the crap out of people sometimes really gets you what you want!

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