Served someone else's papers

[Jfredin]

I was served papers for my ex wife that I have not had contact with since October of 2016. The first two process servers acknowledged this and left. This last person said I Had to take them. He also said he wouldn't enter it in as service but he did. What do I need to do to let the court know I have no way to inform my ex about this?

 

[adjusterjack]

Too late.

You should have just said "She doesn't live here" and closed the door.

If whoever is suing her has your address as her last known address and you took the papers (even though you were tricked) she has been properly served.

The court isn't really going to care about what you try to tell them nor is the lawyer who filed the lawsuit.

If you can't figure out a way to let her know (phone, mail, email, facebook, her relatives, her lawyer from the divorce) then it's her problem for not keeping her address up to date with her creditors (if that's what the lawsuit is about).

 

[Mass_Shyster]

In that situation, I would mail the papers to the court with a letter explaining that I have no contact with the named party, and that I told that to first two servers.

I think the plaintiff would have a tough time getting a default with that letter in the file.

 

[adjusterjack]

Do what you think is best.

 

[Jfredin]

I did

I was outside and I did them them she hasn't lived here in 8 months. The server told me this wasn't considered service and he was leaving them "just in case".

 

[adjusterjack]

I was outside and I did them them she hasn't lived here in 8 months. The server told me this wasn't considered service and he was leaving them "just in case".

He lied to you so he could complete service and get paid.

Trouble is, it really is your ex-wife's problem now and if you can't get the papers to her there is likely to be a default judgment against her that she will have to address no matter what you do because you are not a party to the case and whatever you write to the judge is likely to be ignored because the court will take the word of the process server because that's how it works.

 

[Zigner]

It's entirely possible that the service actually IS proper and now complete. If this is the address the ex has given, then all that is required (generally) is to leave it at the address with a competent person, follow up by a copy through US mail.

If we knew the state in question, we could even look up the rules for service of process.

 

[Jfredin]

The papers are divorce papers. She had a protection ordered filed against her husband and due to abuse, was relocated by the Kansas Attorney General crime victims compensation unit. That is why no one has another address.. Its protected. I do have a letter from them she left that says she was approved for the relocation.

 

[adjusterjack]

OK, divorce papers. Could have said that at the getgo.

You could have had the answer after your first post.

It really doesn't matter if she gets them or not.

She has a protection order out and obviously wants nothing to do with him so if she doesn't respond he will get the divorce by default and she will be done with him.

That's not a bad thing.

Send the papers to the Kansas Attorney General crime victims compensation unit. They know where she is and can get the papers to her so she can monitor the court docket and find out when the divorce is final.

Make sense?

 

[Zigner]

Also, as I said above, she HAS been served properly.

 

[LdiJ]

Also, as I said above, she HAS been served properly.

No she hasn't. There is no way that the OP's address is her last known address. She has married again after divorcing the OP, and now the second husband is trying to serve her divorce papers.

However, it would probably be in her best interest for the divorce to actually happen.

 

[Zigner]

No she hasn't. There is no way that the OP's address is her last known address. She has married again after divorcing the OP, and now the second husband is trying to serve her divorce papers.

However, it would probably be in her best interest for the divorce to actually happen.

We don't know if that is her last known address or not. It's entirely possible that she WAS living with her ex. The OP didn't say she hadn't lived there.

I will, however, step back to my original statement: "It's entirely possible that the service actually IS proper and now complete."

ETA: Definitely agree with your last sentence.

 

[HRZ]

I'm NOT in KS but service to last known address is not good service unless KS law says it is ..an a moldy old prior spouses address may not,even be last known residence

One KS site lists "(B) Residence service on an individual is effected by leaving a copy of the process and petition or other document at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there.

 

[Jfredin]

I just looked at the case online and it also says service due date was 4-20-17. I was given the papers on may 13, 2017. Not sure if that makes a difference. I guess i am going to have to wait for them to set a court date and hire an attorney to fight the service issue. The problem with a default divorce is custody of a two year old little boy is involved. He got no visitation in the protection order but is filing for full custody. The attorney general will not contact her and in fact, will not disclose if they even know who she is, per policy. It is by pure luck I have the letter approving her relocation

 

[HighwayMan]

I guess i am going to have to wait for them to set a court date and hire an attorney to fight the service issue.

Are you insane? It's not your issue to fight. Let your EX-wife deal with it.