Refusing to accept papers


#1

I have had experience with the County Sheriff’s office serving the paperwork on them. There will be fees you have to pay to get it done, but it will get served.


#2

You could try Fed-Ex or UPS or personal service via sheriff or third party agency as long as this is permitted by CA.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (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.


#3

I had this problem with my ex but he is actually local. He would not pick up any certified mail from me. I was sending to just him. I started sending everything certified mail to his attorney with notes attached of my failed attempts to get the paperwork to the ex via certified mail. I made sure those notes were filed with the court as well. WOW did that get everyone’s attention. My understanding is even if the ex won’t accept, the ex’s lawyer usually has to if it goes to their office.

Not sure if this will work for you if your ex does not have attorney or you don’t know who it is.


#4

An attorney can only accept service of a complaint if their client authorizes them to do so. If your ex has not authorized his attorney to accept the complaint sending it to his lawyer does not mean it does not have to be served.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (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.


#5

Ok so let me make sure i’m clear…if I sent an order to show cause to the ex’s attorney and to the ex via certified mail but the ex never went to the post office and got the certified mail. But I received the green certified mail card back from the ex’s attorney with the attorney signature on it. Do I consider the order served on the ex. If it is not considered served what do I do? Do I go get a sherriff to serve it on him?

This seems to be a very tricky underhanded way to avoid being served but I would not put it past the ex at all.


#6

If the defendant is in California, pretty much the only option I have is to serve them via registered mail…What happens if they refuse the package- meaning they don’t sign the green card in order to have confirmation of service.

What are my options at this point?