Personal service

[smommy1992]

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

I did google the question of "who can personally serve court paperwork?" for my state. I also looked through some previous threads (that I could find that might be relevant) as well.
Google stated that it could be a spouse, friend or other not party to the case.

What happened is this though, and I may want to bring it up to my attorney or not?....NCP filed 2 separate court cases against me, I am CP. I knew last month that he filed one of them the day after he filed, (looked online at the court website) and then last week I looked online and saw he filed another court date. So I have been waiting to be served by mail, which is how he has done it in the past.....This past Saturday, his wife served me in front of him and our daughter (who is 13)....Our daughter looked at me shocked and rolled her eyes and walked away. His wife never said a word, just handed me the envelope with the paperwork.

My question is, is that something I should bring up to my attorney and would it hold any relevance in court because it was done in front of our daughter?
Im confused though, because wouldn't the spouse be considered "party" to the case, or is that ONLY if he/she is mentioned in court paperwork?What is the name of your state (only U.S. law)?

 

[Silverplum]

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

I did google the question of "who can personally serve court paperwork?" for my state. I also looked through some previous threads (that I could find that might be relevant) as well.
Google stated that it could be a spouse, friend or other not party to the case.

What happened is this though, and I may want to bring it up to my attorney or not?....NCP filed 2 separate court cases against me, I am CP. I knew last month that he filed one of them the day after he filed, (looked online at the court website) and then last week I looked online and saw he filed another court date. So I have been waiting to be served by mail, which is how he has done it in the past.....This past Saturday, his wife served me in front of him and our daughter (who is 13)....Our daughter looked at me shocked and rolled her eyes and walked away. His wife never said a word, just handed me the envelope with the paperwork.

My question is, is that something I should bring up to my attorney and would it hold any relevance in court because it was done in front of our daughter?

Not in my opinion. It's petty.

Im confused though, because wouldn't the spouse be considered "party" to the case,

Did you sue the spouse, also?

or is that ONLY if he/she is mentioned in court paperwork?What is the name of your state (only U.S. law)?

The ones named in the suit are the parties to the case.

 

[Just Blue]

Thread deleter.

 

[Zigner]

So, one person handed another an envelope with no external markings and no words exchanged...and your daughter had an attitude?

Wow.

 

[smommy1992]

So, one person handed another an envelope with no external markings and no words exchanged...and your daughter had an attitude?

Wow.

She knows what it was, kids, as you know, are smarter than we think. NCP tells her about our court cases all the time. Stuff she shouldnt know or worry about, hence the eye rolling. There are issues between her and her father anyway, so the attitude was there prior to the envelope being handed to me.

 

[Zigner]

She knows what it was, kids, as you know, are smarter than we think. NCP tells her about our court cases all the time. Stuff she shouldnt know or worry about, hence the eye rolling. There are issues between her and her father anyway, so the attitude was there prior to the envelope being handed to me.

My point is that this was an adult matter handled in an adult way between adults. YOU brought your child in to play on this forum.

 

[Silverplum]

Thread deleter.

Thanks.

 

[smommy1992]

My point is that this was an adult matter handled in an adult way between adults. YOU brought your child in to play on this forum.

Understood, I merely mentioned I was served in front of her and asked if it was something relevant I should bring up to my attorney is all.

Yes SILVER and BLUE, Im a thread deleter! Throw the cuffs on me and throw me in Free Legal Advice jail....Good Lord

 

[Silverplum]

Understood, I merely mentioned I was served in front of her and asked if it was something relevant I should bring up to my attorney is all.

And I gave you my opinion.
You're welcome.

Yes SILVER and BLUE, Im a thread deleter! Throw the cuffs on me and throw me in Free Legal Advice jail....Good Lord

 

[gr8rn]

You may need to know that when the volunteers give advise and a poster has asked for said advise, then deletes the thread, then the volunteer feels they have wasted time that may have been better spent on someone else who takes the criticizm and still keeps the thread open, thus perpetuating the advise for posterity in case others have the same problem and come across the old thread. Deleted threads are insulting, and aggrevating. Try not to do that.

As far as the service, it may not have been the classiest move, but not something to complain to your attorney about, who will bill you for the time you spent venting.

 

[smommy1992]

You may need to know that when the volunteers give advise and a poster has asked for said advise, then deletes the thread, then the volunteer feels they have wasted time that may have been better spent on someone else who takes the criticizm and still keeps the thread open, thus perpetuating the advise for posterity in case others have the same problem and come across the old thread. Deleted threads are insulting, and aggrevating. Try not to do that.

As far as the service, it may not have been the classiest move, but not something to complain to your attorney about, who will bill you for the time you spent venting.

And I apologize for the deletion.

No, it was lacking class big time. I have a meeting with my attorney next week regarding the new court cases, that is why I just asked if that was something to even worry about mentioning.

Thank you all for the advice.

 

[LdiJ]

Understood, I merely mentioned I was served in front of her and asked if it was something relevant I should bring up to my attorney is all.

Yes SILVER and BLUE, Im a thread deleter! Throw the cuffs on me and throw me in Free Legal Advice jail....Good Lord

Well, I disagree slightly with the other's opinions. I am a great believer in disclosing pretty much everything to one's attorney, even the things that some people may view as petty. You never know what your attorney is going to think is important and your attorney is pretty much the only person involved who knows what the judge is likely to think is important. Therefore I would never advise someone NOT to bring something up to their own legal counsel.

I also think that having his wife serve you was a pretty xxxxxx thing for dad to do to his wife. Talk about potentially throwing her under a bus!

 

[smommy1992]

Well, I disagree slightly with the other's opinions. I am a great believer in disclosing pretty much everything to one's attorney, even the things that some people may view as petty. You never know what your attorney is going to think is important and your attorney is pretty much the only person involved who knows what the judge is likely to think is important. Therefore I would never advise someone NOT to bring something up to their own legal counsel.

I also think that having his wife serve you was a pretty xxxxxx thing for dad to do to his wife. Talk about potentially throwing her under a bus!

I might make mention of it, just because the judge has specifically stated (as I am sure most judges do) to both him and I not to discuss anything to do with court cases or allow the child to be privy to it.
And his new wife (this is #4 for him) just worships the ground he walks on and does whatever he tells her to do. Sheesh. I would not even serve my husband's ex wife with anything. I want nothing to do with that.

 

[Silverplum]

I might make mention of it, just because the judge has specifically stated (as I am sure most judges do) to both him and I not to discuss anything to do with court cases or allow the child to be privy to it.

THAT is NOT the same as telling the judge that Wife served you in person.

Tell your attorney whatever you want: s/he is charging you by the minute.

What I was answering was whether or not to bring to the court that Wife served you. And my answer is still no: it's legal and you're being petty.

Of course, you should do exactly as you please.

And his new wife (this is #4 for him) just worships the ground he walks on and does whatever he tells her to do. Sheesh. I would not even serve my husband's ex wife with anything. I want nothing to do with that.

...

 

[smommy1992]

THAT is NOT the same as telling the judge that Wife served you in person.

Tell your attorney whatever you want: s/he is charging you by the minute.

What I was answering was whether or not to bring to the court that Wife served you. And my answer is still no: it's legal and you're being petty.

Of course, you should do exactly as you please.


...

I never said I was going to mention it in court, I asked if I should mention it to my lawyer, who I would hope would tell me I am just being petty or otherwise.
And serving me in front of our daughter is making her privy to court goings on, which the judge has "smacked" the NCP's hand in the past for doing.
Hence my question of should I bother to ask my lawyer.