does it matter how court papers are served?

[l_x]

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

I saw somewhere on here about serving court papers and I'm just curious. I'm asking for my personal knowledge.

The first time the mother took me back to court, the mother left the papers on a table at her house and when I went to pick up my son, her brother hand me the papers.

The second time, she had her sister served me at 9pm the night before the hearing. I had to go in to work and tell my employer that I had a hearing and needs to leave early. When I mention this to the judge, the judge didn't say anything to the mother but granted a continuation.

Does it really matter?

 

[Isis1]

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

I saw somewhere on here about serving court papers and I'm just curious. I'm asking for my personal knowledge.

The first time the mother took me back to court, the mother left the papers on a table at her house and when I went to pick up my son, her brother hand me the papers.

The second time, she had her sister served me at 9pm the night before the hearing. I had to go in to work and tell my employer that I had a hearing and needs to leave early. When I mention this to the judge, the judge didn't say anything to the mother but granted a continuation.

Does it really matter?

okay, answer this. how is the brother?

how old is the sister? was the hearing an ex-parte? when you looked at the proof of service did it conflict with how you were served?

 

[l_x]

The brother was 23 years old. The sister was 21 year old.

No, it wasn't an ex-parte. I don't remember seeing a proof of service. Was that suppose to be with the court papers?

 

[Isis1]

The brother was 23 years old. The sister was 21 year old.

No, it wasn't an ex-parte. I don't remember seeing a proof of service. Was that suppose to be with the court papers?

yup. it's in the file.

you can provide proof of service as long as you are over the age of 18 and not a party to the case.

now, the one that showed up the day before, had you contested it due to not being able to respond, the judge would have just continued the case so you can respond. that should have been addressed at that hearing. not after. kind of late for that now.

 

[l_x]

yup. it's in the file.

you can provide proof of service as long as you are over the age of 18 and not a party to the case.

now, the one that showed up the day before, had you contested it due to not being able to respond, the judge would have just continued the case so you can respond. that should have been addressed at that hearing. not after. kind of late for that now.

Thanks. I just heard of having a sheriff serve court papers.

I did contested the second time and the judge granted a continuation so I have time to file a response.

I'm just afraid the mother might do that again and cause me to have any bad reputation with my employer, because I have to walk in and tell my employer I have a hearing that day.

 

[Isis1]

Thanks. I just heard of having a sheriff serve court papers.

I did contested the second time and the judge granted a continuation so I have time to file a response.

I'm just afraid the mother might do that again and cause me to have any bad reputation with my employer, because I have to walk in and tell my employer I have a hearing that day.

having a sheriff serve is ONE of the ways to provide service.

good for you for saying something in court. judge worked with you in the end.

word of the wise, sometimes, calling the court clerk prior to the hearing will allow the the judge to see if a proof of service is filed properly. if it's not filed, then the judge can tell the other party to do it over again.

and then you still have the option of requesting whatever order was ordered that day to be retracted due to failure of due process.

 

[l_x]

having a sheriff serve is ONE of the ways to provide service.

good for you for saying something in court. judge worked with you in the end.

word of the wise, sometimes, calling the court clerk prior to the hearing will allow the the judge to see if a proof of service is filed properly. if it's not filed, then the judge can tell the other party to do it over again.

and then you still have the option of requesting whatever order was ordered that day to be retracted due to failure of due process.

Thank you. Although I have been to court twice already, I didn't know about this.