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Was my wife served properly?

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mbandit

Member
What is the name of your state (only U.S. law)? CA

I filed fro divorce from my wife about a week ago.My friend attempted to serve her at her parent's home but she refused to show herself.

I told my friend where she works and he went, asked for her and when she saw my friend with the papers she started to walk the opposite way.My friend followed her down the aisle and she refused to take the papers.he then threw the papers in front of her, and left.

Was she served properly?
 


Hisbabygirl77

Senior Member
And how are you going to prove your friend threw the papers at her so she has been served? Go through the right channels. In my state the sheriffs office serves them for a fee. Im not sure if thats the standard or what. Find out from courts and use that service to serve her the papers.
 

garrula lingua

Senior Member
Yes, in CA, that's good service, as long as she was aware of the papers.

Be sure your friend fills out the proof of service correctly: the exact day, hour and minute she was served, the exact location of service, etc. Have your friend print their name legibly, in case of future need. Keep a copy of the proof of service & keep your friend's address & phone number (& another where you can reach him/her in emergency).

File the original proof of service (with the original copy of the Summons) at the courthouse.

To Hisbabygirl: each state has different laws and procedures.
 

Proserpina

Senior Member
And how are you going to prove your friend threw the papers at her so she has been served? Go through the right channels. In my state the sheriffs office serves them for a fee. Im not sure if thats the standard or what. Find out from courts and use that service to serve her the papers.
Yep. Pay a process server, see if the Sheriff can help you or if it's an option at this point, serve her by mail (certified).

Whatever you decide to do, get proof. CYA :)

ETA: just do what garrula said - I'm a bit moot at this point!
 

Isis1

Senior Member
And how are you going to prove your friend threw the papers at her so she has been served? Go through the right channels. In my state the sheriffs office serves them for a fee. Im not sure if thats the standard or what. Find out from courts and use that service to serve her the papers.
i love using the sheriff's office. what a feeling of getting a banging on your front door at 6am in the morning to be told you are being sued. :D:D

and they file their proof of service for you.
 

Proserpina

Senior Member
i love using the sheriff's office. what a feeling of getting a banging on your front door at 6am in the morning to be told you are being sued. :D:D

and they file their proof of service for you.
La Bella, I swear I'm going to start billing you for the ginormous amount of paper towels I have to go through ..... :D

And I bet you didn't know that old-fashioned rice pudding actually hurts when it comes out of your nose :p

(and I'm not even going to mention having to dig bits of soggy rice out from between the keys!)
 

Isis1

Senior Member
La Bella, I swear I'm going to start billing you for the ginormous amount of paper towels I have to go through ..... :D

And I bet you didn't know that old-fashioned rice pudding actually hurts when it comes out of your nose :p

(and I'm not even going to mention having to dig bits of soggy rice out from between the keys!)
oh my god, i haven't had rice pudding in ages!!!

i was such a brat back then. on the form, it asked the best times to locate this person at their home, so i picked from 10pm to 7am. guess they thought the 6am time was good. :eek:
 

Proserpina

Senior Member
oh my god, i haven't had rice pudding in ages!!!

i was such a brat back then. on the form, it asked the best times to locate this person at their home, so i picked from 10pm to 7am. guess they thought the 6am time was good. :eek:
Watch your pm box in the morning (well...the more "human" kind of morning, not this inhuman "middle of the night" morning), I'll send you the recipe :)
 

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