Question about serving summons out of state

[shaylahc]

I am suing someone who lives out of state. I sent the summons by certified mail with return receipt requested. I haven't gotten the return receipt back yet and I was wondering--what happens if they refuse it? What happens if they refuse ALL my mail? I am also suing their realtor who is still selling their house so there is no way they can claim they didn't know. I just wondered what the judge would think about mail being refused, would they hold the case anyway?

TIA

Michele

 

[JETX]

Since you can't follow the rules of this forum (see the red text at the top), we can't give you any definitive answer.

However, you MUST prove service on the defendant before the court will be able to hear your case. And if you can't provide 'normal' service, some courts allow for alternate service.

 

[shaylahc]

The defendant was served, got my certified mail receipt back yesterday, signed.

Geesh, why are people so MEAN around here?

 

[I AM ALWAYS LIABLE]

My response:

It's not that we're "mean", it's just that we need certain information to help you. And, when you fail or refuse to give us the simple information that we need, and fail or refuse to follow simple instructions (See the RED words above), we can't give you accurate information; and because of your failure, opening your post becomes a waste of everyone's time.

For example, how do we know whether your State allows service by mail ? Even though you received your Return Receipt, how would we know if your State would deem service to be complete via that method ? How do we know if the Defendant has satisfied "minimum contacts" with your State in order for your State to obtain jurisdiction over that Defendant ? To all of these questions, we don't - - because you never told us your State name.

IAAL

 

[JETX]

I might add..... and STILL haven't.