Getting served

[3junebugs]

What is the name of your state (only U.S. law)? Case is out of PA.

I was granted sole physical and legal custody and father's visitation has been suspended until further order of the court on Friday, 6/5, through an emergency petition.

I need to get him served with the papers but he is very difficult to pin down. Hes been served before and has learned not to answer his door for a stranger. He works at a huge furniture store and can easily hide. And the managers are willing to say he's not there when he is or give incorrect work hours.

What will happen if he can't get served? How would that effect the upcoming hearing to show cause on the 18th? Would they continue it? Would they reverse their decision if he can't be served?

 

[Zigner]

What is the name of your state (only U.S. law)? Case is out of PA.

I was granted sole physical and legal custody and father's visitation has been suspended until further order of the court on Friday, 6/5, through an emergency petition.

I need to get him served with the papers but he is very difficult to pin down. Hes been served before and has learned not to answer his door for stranger. He works at a huge furniture store and can easily hide. And the managers are willing to say he's not there when he is or give incorrect work hours.

What will happen if he can't get served? How would that effect the upcoming hearing to show cause on the 18th? Would they continue it? Would they reverse their decision if he can't be served?

There are other methods of service...
Have you spoken with a professional process server about alternative methods? Have you spoken with an attorney about alternative methods?

 

[3junebugs]

There are other methods of service...
Have you spoken with a professional process server about alternative methods? Have you spoken with an attorney about alternative methods?

No, not yet. I didn't know there were alternate ways to serve someone. What are alternate methods? And if the hearing is only 10 day away, how much time do I have to get him served?

 

[Anjelita]

I'm in PA and recently had the same problem. I went to my local police district to have them escort my fiance to serve my x husband with emergency custody papers, the first time they attempted no one was home, the second attempt he wasn't home again BUT a family member was. Anyone over 18 in the same household of the person being served HAS to take the papers and it's as good serving the person directly. You can get anyone over 18 to serve the papers, but you should have the police escort them - go to your local police district rather than going to the person your servings home and calling 911, they'll follow you to the location (trust me it's MUCH faster than sitting and waiting for them to show up). I was also told after three attempts of serving someone at their home if they still aren't available to be served, it's as good as served (I'm not sure if that's 100% true or not, but it's what the police at my district told me).

They didn't give me a time frame for serving the papers either, I think I served them within 48 hrs though.

I'm pretty sure if he doesn't get served they will give an extension of the emergency custody order, or at least give you other serving options (certified mail etc.) Be sure to document all of your attempts (this is why it's better to have an officer escort you, otherwise it's your word against his). Another benefit of getting an officer to serve him is that he CAN'T not open the door for a police officer, and he's got to come home sometime! Keep in mind you can serve the papers at ANY TIME.

Even if you are unable to serve the papers, you still HAVE to show up to the date yourself. Bring ALL the documentation you have and work as closely as you can with DHS. Good luck!

 

[3junebugs]

I'm in PA and recently had the same problem. I went to my local police district to have them escort my fiance to serve my x husband with emergency custody papers, the first time they attempted no one was home, the second attempt he wasn't home BUT a family member was. Anyone over 18 in the same household of the person being served HAS to take the papers and it's as good serving the person directly. You can get anyone over 18 to serve the papers, have the police escort them - go to your local police district rather than going to their home and calling 911, they'll follow you to the location. I was also told after three attempts of serving someone at their home if they still aren't available to be served, it's as good as served (I'm not sure if that's 100% true or not, but it's what the police at my district told me).

Even if you are unable to serve the papers, you still HAVE to show up to the date yourself. Good luck!

He lives alone and his daughter (who also has been removed from his home) was only 15, so there is no one else in his house. That's why we were trying to go the route of through his job.

I live in MD and he is in Philadelphia. I was told that no relatives of me can serve him, so that's why I went with the lawyers process server.

 

[meanyjack]

I'm in PA and recently had the same problem. I went to my local police district to have them escort my fiance to serve my x husband with emergency custody papers, the first time they attempted no one was home, the second attempt he wasn't home again BUT a family member was.

And while police IN YOUR AREA were able to do this, not every police dept. can OR will. Plus, this method of being served might not be proper either depending on local rules and/or rules of civil procedure.

Anyone over 18 in the same household of the person being served HAS to take the papers and it's as good serving the person directly.

They "HAVE" to take the papers? Could you cite law to support that, please? I'll save you time -- such law does not exist. You can refuse service and it will be noted. But no one "has" to take it
.

You can get anyone over 18 to serve the papers, but you should have the police escort them - go to your local police district rather than going to the person your servings home and calling 911, they'll follow you to the location (trust me it's MUCH faster than sitting and waiting for them to show up). I was also told after three attempts of serving someone at their home if they still aren't available to be served, it's as good as served (I'm not sure if that's 100% true or not, but it's what the police at my district told me).

*sigh* And AGAIN -- this is YOUR area. And why in the hell you would even mention 9-1-1 in here is beyond me. Do you know what 9-1-1 is for? While the police did this FOR YOU, they might not do it everywhere. In fact, I know of very many cities that are not staffed to do this. They've got more important issues to address, like -- oh, I dunno -- REAL issues in the city, like patrols.

I'm pretty sure if he doesn't get served they will give an extension of the emergency custody order, or at least give you other serving options (certified mail etc.) Be sure to document all of your attempts (this is why it's better to have an officer escort you, otherwise it's your word against his). Another benefit of getting an officer to serve him is that he CAN'T not open the door for a police officer, and he's got to come home sometime! Keep in mind you can serve the papers at ANY TIME.

Even if you are unable to serve the papers, you still HAVE to show up to the date yourself. Bring ALL the documentation you have and work as closely as you can with DHS. Good luck!

OP...please seek LEGAL ADVICE from an attorney in your area and/or review rules of procedure as to the PROPER ways to serve the other party.

 

[3junebugs]

*sigh* And AGAIN -- this is YOUR area. And why in the hell you would even mention 9-1-1 in here is beyond me. Do you know what 9-1-1 is for? While the police did this FOR YOU, they might not do it everywhere. In fact, I know of very many cities that are not staffed to do this. They've got more important issues to address, like -- oh, I dunno -- REAL issues in the city, like patrols.

I think she mentioned 911 because in Philly, if you need any police assistance, they are dispatched through 911. If i had to make a report that my son wasn't produced to me or that I couldn't get my son to his dad I have always been instructed to call 911 to dispatch the police.


I will be asking my attorney, just wanted to know and get an idea on what I should ask about.

Thanks!

 

[Anjelita]

And while police IN YOUR AREA were able to do this, not every police dept. can OR will. Plus, this method of being served might not be proper either depending on local rules and/or rules of civil procedure.

They "HAVE" to take the papers? Could you cite law to support that, please? I'll save you time -- such law does not exist. You can refuse service and it will be noted. But no one "has" to take it.

Not claiming to be a lawyer here, just have been going through the same thing myself, and offered my situation as advice (ehem, freeadvice.com?) - also, in my situation, the family member that was available at the residence of the person being served shut the door in the police officers face and they broke the door down and made him take the papers. Was that the right thing to do? I have no idea, but it's what they did.

*sigh* And AGAIN -- this is YOUR area. And why in the hell you would even mention 9-1-1 in here is beyond me. Do you know what 9-1-1 is for? While the police did this FOR YOU, they might not do it everywhere. In fact, I know of very many cities that are not staffed to do this. They've got more important issues to address, like -- oh, I dunno -- REAL issues in the city, like patrols.

1st off I SAID it was MY AREA. Could it hurt for her to TRY? 911 is for PROTECTION, keep in mind that she obtained EMERGENCY CUSTODY, do you think she'd be getting emergency custody from a man that was SAFE to be serving? NO. I got 911 to serve my papers because my x husband beat the living crap out of my kid for 2 days. SORRY if that's not considered an "important" issue to you - I know street paroling is WAY more important. Was he safe to serve without police assistance? I don't think so buddy. I WAS ENCOURAGED BY THE MASTER TO HAVE THE COPS ESCORT THE PERSON SERVING.

Geeze, instead of tearing me apart you could have offered the poor woman some advice of your own.

 

[Ohiogal]

Not claiming to be a lawyer here, just have been going through the same thing myself, and offered my situation as advice (ehem, freeadvice.com?) - also, in my situation, the family member that was available at the residence of the person being served shut the door in the police officers face and they broke the door down and made him take the papers. Was that the right thing to do? I have no idea, but it's what they did.

The police had NO RIGHT to break the door down. They are severely looking at a lawsuit as could you actually. Be prepared to replace the door.

1st off I SAID it was MY AREA. Could it hurt for her to TRY? 911 is for PROTECTION, keep in mind that she obtained EMERGENCY CUSTODY, do you think she'd be getting emergency custody from a man that was SAFE to be serving? NO. I got 911 to serve my papers because my x husband beat the living crap out of my kid for 2 days. SORRY if that's not considered an "important" issue to you - I know street paroling is WAY more important. Was he safe to serve without police assistance? I don't think so buddy. I WAS ENCOURAGED BY THE MASTER TO HAVE THE COPS ESCORT THE PERSON SERVING.

No. 911 is NOT for protection but rather it is for EMERGENCIES. Calling 911 to SERVE papers ranks right up there with calling them because your sandwich order is incorrect.



OP you need to read your local rules and the state rules of civil procedure. Those will spell out your options.

 

[3junebugs]

No. 911 is NOT for protection but rather it is for EMERGENCIES. Calling 911 to SERVE papers ranks right up there with calling them because your sandwich order is incorrect.



OP you need to read your local rules and the state rules of civil procedure. Those will spell out your options.

OG, my case is out of Philly, and in Philly they do allow and suggest that you call 911 if you are having a custody dispute. I know its not everywhere, but that's how they do it in Philly. Anj is also in Philly.

 

[Zigner]

OG, my case is out of Philly, and in Philly they do allow and suggest that you call 911 if you are having a custody dispute. I know its not everywhere, but that's how they do it in Philly. Anj is also in Philly.

But not to serve papers...

 

[3junebugs]

But not to serve papers...

yes, to serve papers also.

 

[TinkerBelleLuvr]

Time for reconnaissance mission:

Do you have a picture of your X? Send someone he wouldn't recognize into the store? See if he's there. If so, jingle the process server and get him served. If not, then ask for him - and schedule. Why? Well he was so nice when I was there and want to finalize the sale with him. That will get you a schedule.

 

[starting over]

Pretty smart thinkin, Tink

 

[3junebugs]

Time for reconnaissance mission:

Do you have a picture of your X? Send someone he wouldn't recognize into the store? See if he's there. If so, jingle the process server and get him served. If not, then ask for him - and schedule. Why? Well he was so nice when I was there and want to finalize the sale with him. That will get you a schedule.

He doesn't work on the floor, so he doesn't deal with customers
But I know that he has a hearing on the 11th with his daughters mother. So my lawyer is going to draw up an subpoena to get the process server in the door at family court and he will serve him then