Affidavit of Service


#1

Hello, I have a few questions regarding service. My spouse filed for divorce and has an attorney, I am unable to afford one and have tried to go through the process without representation. Based upon the rules I’ve read there have been some questionable things that have occurred with service. The initial complaint I received was in my mailbox with the green card already torn off, I DID NOT sign for it. In fact I received it nearly ten days after the post mark (I don’t check my mail daily). It’s been 5 months since that time and an Affidavit of Service has yet to be filed. I’ve also received other documents from his attorney that contain a Certificate of Service that indicate one date but the postmark on the envelope that it came in is as much as 10-15 days later. I wanted to know whether or not any of this was grounds for the case to be dismissed since I never signed for the initial complaint and there continues to be a practice of “filing” documents on one date but I’m not receiving notification until weeks later or if these issues are just “formalities.” Any insight regarding these matters would be greatly appreciated. Thanks again!


#2

My guess is that the affidavit of service has not been filed because you didn’t actually sign for the certified mail. This signed green slip should be attached to the affidavit of service. Have you been given a notice of hearing? Have you accepted service of anything? If you can clarify that would be helpful.