Party that performed service unavailable to sign affidavit

[okaynowwhat]

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

(Poster is pro se defendant to civil action.)

I had a relative (per Minn. R. Civ. P. 4.02) serve my Answer to Plaintiff's atty by mail. Notary was unexpectedly unavailable, so we couldn't complete an Affidavit of Service (AOS) that day (which was also the last day of the Answer deadline. Answer was filed w/court prior to service.) Minn. R. Gen. Pract. 7 provides that an AOS can be filed within 10 days after service so presumably I still have time. Problem is my relative is now unavailable. If I can't get him to sign the AOS in time, what do I do?

I don't know if this is mitigating in my favor, but Plaintiff served their Complaint by publication (citing Minn. R. Civ. P. 4.04(a)(1)), w/o actually publishing it. (As far as I can tell anyway, since there's no AOS from a legal newspaper.) They state my correct service address (an agent, not my home) in their affidavit but they never tried service by mail per Minn. R. Civ. P. 4.05.

I'm also wondering how Minn. R. Civ. P. 4.06 might pertain to either side's service ("Failure to make proof of service shall not affect the validity of the service.")

Thanks for any help.

 

[tranquility]

I'd like to know how the affirmant is "unavailable", but, the rule seems pretty clear. Is the other side going to argue you didn't serve them an answer?

 

[okaynowwhat]

I'd like to know how the affirmant is "unavailable", but, the rule seems pretty clear. Is the other side going to argue you didn't serve them an answer?

The affirmant is unavailable in that they can't be reached by phone, and the impression I'm getting is that they may elect not to cooperate.

Any ideas on how I should proceed?

 

[tranquility]

A person you had make service does not want to cooperate? There is more going on here than you've said. Once you get to crazy land, it is only a guess on how to get out.

I'd try to get an acknowledgement of service from the plaintiff. If no, serve again and prepare to litigate first service. You might tell first server that if you litigate, you will subpoena them as part of the hearing. If they don't say there, ask for leave of the court to accept second service as timely.

 

[You Are Guilty]

I'm calling dibs on this one.