Trying to serve summons, questions/advice

[PSBlueBeetle]

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

I can't afford a lawyer and my ex and I have been apart for 4 years, he lives in Maryland. We owned nothing together, no kids, no savings. He's a very bitter person so I knew I would be the one having to initiate the divorce. I have waited this long because of my financial situation however, it has not gotten better, so I decided to tackle this on my own. I have submitted the papers to the court, they stamped them and told me the next step was to serve. Because I do not have a lot of money, I chose to have him served by certified mail. I know that, within the last year, he was living at his parents' house, so that is where I sent the papers. I had sent them return receipt requested but his mother is the one who signed for them. In the packet, I also included the form for him to sign and send back saying that he received the summons, I also included a self addressed stamped envelope and the prepaid return receipt requested envelop for the actual summons. He is given 20 days to return the acknowledgement of receipt of the summons. It has been 13 days since he received it and he has not signed it. If he doesn't then, according to the court, I have to RESEND all of this paperwork because he was not the one who signed. Is this correct? If I have to resend it, then can I send him a copy of my copy of the summons or do I need to go back tot he court and have them give me another copy? Do I now need to hire a process server or if I mail it, how the heck to I make it so that he is the only one to sign for the papers. If he refuses to sign, then what? Are there any other ways to serve him??

 

[stealth2]

You check the "restricted delivery" box on the certified mail slip. SO only the addressee can sign for it.

 

[mistoffolees]

You check the "restricted delivery" box on the certified mail slip. SO only the addressee can sign for it.

It should be sufficient even if his mother signed for it. CC can correct me if I'm wrong, but as long as an adult in the household signs for it, service is considered adequate.

Of course, he could argue that he doesn't really live there - in which case you'd have to prove that he lived there in order for the above service to be OK.

 

[CourtClerk]

It should be sufficient even if his mother signed for it. CC can correct me if I'm wrong, but as long as an adult in the household signs for it, service is considered adequate.

Incorrect.

Hire a process server and have him served or contact whatever they use out there that's equivalent to our Sheriff's court services division in the local courthouse. Ask them to serve.

Or if you know someone out there, have them serve him.

 

[mistoffolees]

Incorrect.

OK. Thanks for the quick correction. Somehow I thought CA was one of the states that allowed service on other adults in the household.

Sorry

 

[CourtClerk]

OK. Thanks for the quick correction. Somehow I thought CA was one of the states that allowed service on other adults in the household.

They do. Just not via the mail.

Restricted delivery would work because then only he could sign, but if he's not willing to sign the acknowledgment, then she's going to have to have someone serve.

 

[PSBlueBeetle]

Can I send him copies of my copies or do I go back and get the packet from the court?

 

[CourtClerk]

Can I send him copies of my copies or do I go back and get the packet from the court?

You can make as many copies of your own stamped copies as you need. Make sure to send him a response because yours probably doesn't have one.