Filing question


#1

You can also attempt to serve him via Fed-Ex. Sometimes people are more willing to sign for those documents. You need to make an attempt at personal service before serving him via sheriff. Unfortunately that means, you will probably need to hire a private process server to attempt service.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Thanks for your response. But if I again try to serve him by Fed-Ex and he is not the one that signs for it, aren’t I then back to square 1 again? The address he has provided is only where he gets his mail, not where he physically resides. If I serve by Fed-Ex and he’s not the one that signs for the Fed-Ex letter what happens then?
Thanks

Marissa Gott


#3

Then you would need to attempt personal service.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

Received the green card back on Tuesday of this week, it was signed by someone else and they marked the box titled “agent” next to their name. Do you know if this will suffice or will I now have to move on to the process server (who will also have the same problem) and then ulitmately to publication? I am in Union County NC by the way. Also, if I go the publication route as the last resort, do I publish it in the paper in CA or in NC?
Thanks in advance.

Marissa Gott


#5

I filed for divorce on 8-27-07 in Union County. STBX now living in California and has been there for about the last 7-9 months and knew the papers were coming. Still haven’t received the green card back yet, but have confirmed with the post office that an attempt at delivery was made on 9-8-07 and a note left. I have reason to believe he will try to avoid being served and not return the green card although he said he would, cannot be trusted to follow through etc. and travels some also, some travel out of the country. I am not willing to drag this out and chase him all over the place due to his being uncooperative. I have checked with the sherrif’s dept in CA where he resides and they do not serve these types of civil papers. My question is this: do I now need to use an independent process server to try and serve these papers on him, or is my next step to just go to publication since the sherrif’s dept. doesn’t handle this in his county. I might also add, the address that I have for him is only where he receives mail, not where he physically resides, and he will not provide me with the physical address for some stupid reason, so this is the last known address I have for him. It really is unlikely that a process server will have any luck either? Please advise under these circumstances-thanks for your help with this.

Marissa Gott