Served someone else's papers

[adjusterjack]

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.

Assuming that the boy is with her, and she is in what amounts to Witness Protection, I doubt if any default court decision could ever be successfully enforced

The attorney general will not contact her and in fact, will not disclose if they even know who she is, per policy.

That's what they "say" but I'll bet they figure out how to put the kibosh on that custody filing real quick.

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.

That's up to you but I tend to agree with Highwayman you'd have to be nuts to even try to get in the middle of this.

 

[LdiJ]

Assuming that the boy is with her, and she is in what amounts to Witness Protection, I doubt if any default court decision could ever be successfully enforced



That's what they "say" but I'll bet they figure out how to put the kibosh on that custody filing real quick.



That's up to you but I tend to agree with Highwayman you'd have to be nuts to even try to get in the middle of this.

I think he is a really decent guy myself. If I had been conned into accepting service for someone else I would want to try to find a way to make it right.

 

[Jfredin]

My ex wife and I have 2 older children and she also happens to be my best friend. We divorced because we needed to, for the sake of our own sanity and our children's well being. But I'm getting off topic. Does anyone know if the fact that service due date says April 20 and I was handed them on May 13 makes a difference?

 

[adjusterjack]

Does anyone know if the fact that service due date says April 20 and I was handed them on May 13 makes a difference?

Not for a fact but probably not because courts are always excusing delays because of a desire to hear cases on their merits rather than dump one on a technicality.

 

[LdiJ]

My ex wife and I have 2 older children and she also happens to be my best friend. We divorced because we needed to, for the sake of our own sanity and our children's well being. But I'm getting off topic. Does anyone know if the fact that service due date says April 20 and I was handed them on May 13 makes a difference?

My ex ended up being a good friend too...much like having another brother, so I totally understand where you are coming from.

Yes, the fact that the service due date says April 20 and you were handed the documents of May 13 does make a difference. You are totally free to let the court know that. You are also perfectly free to let the court know that you were conned into accepting service. You are also free to let the state know what is going on since your ex is under protection.

Were I in your shoes, with my ex, I would do all of that. I would actually hire an attorney to represent me in court and do all of that. However, you cannot expect most people to understand that.

 

[Jfredin]

Some other facts I am not sure make a difference but seem relevant. .The divorce was filed Dec 3016.. I was given papers May 13 2017. Even with a 90 day extension, that's well over 120 days. Shouldn't it have been dismissed at this point? And the law for service says it must be served to the individual or left at the person's normal dwelling or frequent place of abode and with a member of the individual's family 15 yrs old or older. As I am her ex husband, I am not a member of her family and it isn't her residence. So the server did none of the 3 requirements for actual service...

 

[LdiJ]

Some other facts I am not sure make a difference but seem relevant. .The divorce was filed Dec 3016.. I was given papers May 13 2017. Even with a 90 day extension, that's well over 120 days. Shouldn't it have been dismissed at this point? And the law for service says it must be served to the individual or left at the person's normal dwelling or frequent place of abode and with a member of the individual's family 15 yrs old or older. As I am her ex husband, I am not a member of her family and it isn't her residence. So the server did none of the 3 requirements for actual service...

Again, you can let the court know that.

 

[Zigner]

You are also perfectly free to let the court know that you were conned into accepting service.

One does not have to "accept" service.

 

[LdiJ]

One does not have to "accept" service.

Well, based on what was previously cited, it appears that someone has to. It has to be left at the person's residence with a competent adult.

 

[Zigner]

It has to be left at the person's residence with a competent adult.

EXACTLY. That doesn't mean that it has to be "accepted". It could be dropped on the porch in front of them.