Service/Certified Mail


#1

I recently sent the service packet to my spouse certified mail/return receipt requested. Delivery was attempted this past Saturday, but it seems no one was there to sign for the letter and only a notice was left. It’s been 5-days, and my spouse still hasn’t picked up the letter so i haven’t been able to confirm delivery. If he doesn’t pick up the letter at the post office (and doesn’t request redelivery) do i have to wait the full 15-days for the original to be returned to me before i can attempt service in another way? Am i correct, that the 30-day wait period begins after he has been served and I have confirmation?


#2

No, you may attempt service by sheriff now if you wish. The 30 day waiting period does not begin until your spouse is served.


#3

I suspect he is intentionally not picking up the mail in an attempt to further delay the process. If I take the paperwork and either give it directly to him, or to his parents (with whom he currently lives) instead of using the sheriff - is it sufficient for me to file and affidavit of service or would it be up to him to file something acknowledging receipt?


#4

No, he must be served via certified mail of sheriff’s service. A party cannot properly effectuate service by delivering the documents to the defendant personally.


#5

Thats what i needed to know. Thanks so much.


#6

You are very welcome.


#7

I have served paper and my husband wants to speed up the process what can we do to not have to wait the 30 days. We both dont want to wait


#8

He may file an answer and waiver of time to further respond. You may then proceed with getting a hearing date.