[color=#FF0000]I would like to ask this question of Erin Clarey specifically since she seems to know the most about Service by Publication.[/color]
After months of dead ends from CSE, I recently found out you can serve someone by Service by Publication. Ex has not paid CS since Dec. 2010. CSE took over the case in April 2011. Ex was ordered to begin making payments 5/1/11 and also begin making payments toward arrears amount. Ex never paid and is now on the on run. Address given in court in April is not valid, attempt to serve in July was unsuccessful. Case now in the hands of Court Watch who will attempt to find him with their PI. If they cannot, and I doubt they will as he doesn’t work and all leads have been dead ends, HOW do I proceed with Service by Publication? The CSE office seems to either not know about this option or doesn’t want to be bothered. I have a pending court case in Sept. for ex to “show cause” for non-payment but CSE said they would cancel it if ex not found. That is unacceptable if there are still options available.
Do I go to court that day and ask the judge for permission to service by publication? Or do I just run a news paper legal notice myself? I have found a “Affidavit of Service by Publication” on the internet for NC. Do I bring this to court at the show cause hearing or do I allow CSE to cancel the hearing and then I take this Affidavit where?
And how do I find out what to tell the newspaper to print? Shouldn’t CSE know how to do this?
I see examples like this in the paper:
[color=#0000BF]NOTICE OF SERVICE OF PROCESS BY PUBLICATION
STATE OF NORTH CAROLINA
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
11 CVS 4462
Cathy M. Bartee, Zabriya Booker by and through her guardian ad litem, Bowen C. Houff, and Sanai Bartee-Booker by and through her guardian ad litem, Bowen C. Houff,
To: Donique Jenkins, 1047 Boston Road, Apt. 201, Greensboro, NC 27407
TAKE NOTICE that a pleading seeking relief against you has been filed in the above entitled action. The nature of the relief being sought is as follows: TO RECOVER COMPENSATORY DAMAGES FOR INJURIES SUSTAINED IN AN AUTOMOBILE COLLISION ON AUGUST 23, 2010. You are required to make defense to such pleading no later than September 19, 2011, said date being 40 days from the date of the first publication of this notice; and upon your failure to do so the party seeking service against you will apply to the Court for the relief sought.
This the 9th day of August, 2011.
D. STUART PUNGER
Attorney for Plaintiffs
285 Executive Park Boulevard
Winston-Salem, North Carolina 27103
Telephone: (336) 765-7777[/color]
Is this what I do?
I know from cell phone records ex is still in our same city therefore I know what newspaper should run it. I don’t care if I have to pay for the running of the notice. That is small dollars compared to what I’ve spent in legal fees in years past.
Unfortunately, I CANNOT afford an attorney to help me with the Service by Publication. I’ve spend years on attorneys fees and since I have not received any CS in 9 months, I only wish to pursue things I can do on my own and a for minimal charges. But I’m diligent and I will call and write letters to anyone and everyone in order to push this case along. I will go to the court house over and over, whatever it takes. Parents should be held accountable for their offspring and my children deserve financial support.
Thank you for any help you can offer!