I’m having a problem getting the return documents for proof of service for the initial divorce complaint. I know that the defendant was served by certified mail with restricted delvery and a return receipt (green post card) from the on-line postal records but I have not received the green return receipt more than 21 days later.
Also, I know the defendant was served by a county sheriff’s deputy a few days after the certified letter. That was sent to them with an SASE for returning the documents, but I have not received them yet either.
How long do I have from the date of filing to provide proof of service?
If that time is about to lapse, how do I get it extended?
The problem is not with my diligence, the defendant was served about 5 days after filing. The problem is with the post office. I am receiving a lot of my mail 14 to 30 days after its postmark. I would file the certification of service, but I don’t have the documentation yet.
I guess a simpler quesiton is, if I never get the mail with proof of service, what should I do next?
Is there a point in time where the defendant can’t be served again or another summons issued?
Is there a point in time where the defendant ceases to be a defendant to the complaint simply because they weren’t served, or, more accurately, no proof can be given to the clerk and the court?
What steps should I take now to prevent adverse consequences from the problem of receiving proof of service?
Joined: Tue Mar 29, 2011 2:34 pm