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  • Evading service

    Here is the scenario

    Hired a process server to serve ex initial documents to attend court. Special service required.

    Between Dec 5 and Dec 29 the server attempted to serve ex 5 times as well as called and left 2 messages on voice mail.

    I am not aware where ex works and don't have alternate addresss to serve.

    Process server reports that when he knocks on the door he can hear voices in the house, lights on etc. Lights get turned off and no one answers.

    Special service rules indicate mail is ok to serve as long as acknowledgement form is included with the documents for the recipient to fill in and return. I have used this method and am waiting for response

    Neither of us has lawyers

    First appearance is scheduled for Feb 6th

    I have affidavit from process server, who is well known to the court, detailing efforts and giving his opinion that ex is evading.

    Q1. What happens when a person evades service?

    Q2. What will happen at first appearance if I am the only one to show up?
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