refuse to accept mail

[Aspiration]

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

I filed a motion to vacate default judgment and was told to send a notice of hearing by certified mail to the petitioner. I mailed a copy of what was filed with the courts and a notice of hearing as instructed. I sent them to both residences where mail is received. The hearing is scheduled to occur in 4 weeks. I can see the mail was "delivered" to the court, "notice left" at one home, and the other isn't showing yet. If he refuses to pick up or sign the notice because he recognizes the return address, will the court see it similarly as not answering? Is he only considered "served" when he picks up the mail even after the postman leaves notices reminding him he has 15 days to accept it?

 

[mistoffolees]

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

I filed a motion to vacate default judgment and was told to send a notice of hearing by certified mail to the petitioner. I mailed a copy of what was filed with the courts and a notice of hearing as instructed. I sent them to both residences where mail is received. The hearing is scheduled to occur in 4 weeks. I can see the mail was "delivered" to the court, "notice left" at one home, and the other isn't showing yet. If he refuses to pick up or sign the notice because he recognizes the return address, will the court see it similarly as not answering? Is he only considered "served" when he picks up the mail even after the postman leaves notices reminding him he has 15 days to accept it?

Here are the rules of service in GA:
Georgia Rules of Civil Procedure, Process Serving Laws - ServeNow.com

 

[Aspiration]

I saw this section about an hour ago after checking the status of delivery. I'm the defendant in this case, so I guess they technically see me as answering the original case. I tried mailing something several months ago before I knew about the case, and the mail was not recorded as picked up. It was also never sent back to me, so as far as I know, it's in a mail black hole. Does this mean that if he refuses to receive the mail, the court won't proceed with my motion? Is there a chance the court will hear me that day, or will I have to find out that day? Would another date be set, or would I have to re-file? This is almost a 6-hour round trip drive for me which costs a lot in drop in daycare expenses not including actual court time. I'd like to cover all areas, if possible.

# If the principal sum involved is less than $200.00 and if reasonable efforts have been made to obtain personal service by attempting to find some person residing at the most notorious place of abode of the defendant, then by securely attaching the service copy of the complaint in a conspicuously marked and waterproof packet to the upper part of the door of the abode and on the same day mailing by certified or registered mail an additional copy to the defendant at his last known address, if any, and making an entry of this action on the return of service; or
# In all other cases to the defendant personally, or by leaving copies thereof at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process.

 

[TinkerBelleLuvr]

Have someone go up to the place of residence in a brown outfit with a box. Person answering might think they are one of the delivery folks. Have them "serve" the person.

 

[Proseguru]

does it have to be certified? with signature required? if no sig is required, resend regular certified w/o sig needed.

 

[FlyingRon]

There's no such thing. Certified always requires you to sign for the letter. It may not have the return receipt, but it still needs to be signed for. Some actions will take regular first class (get a CERTIFICATE OF MAILING as opposed to CERTIFIED MAIL).

 

[LdiJ]

There's no such thing. Certified always requires you to sign for the letter. It may not have the return receipt, but it still needs to be signed for. Some actions will take regular first class (get a CERTIFICATE OF MAILING as opposed to CERTIFIED MAIL).

There is also the "delivery acknowledgement" method. Its like certified but only requires the mailman's signature.

 

[FlyingRon]

There is also the "delivery acknowledgement" method. Its like certified but only requires the mailman's signature.

Delivery Confirmation is the proper term but the mailman doesn't sign anything, it just gets barcode scanned.