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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 06-02-2009, 05:26 PM
frustrated11 frustrated11 is offline
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Default question about special service

can an answer just be left in a mailbox without anyone home to receive it
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Old 06-02-2009, 05:50 PM
standing on the sidelines standing on the sidelines is offline
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cannot see it being legal.
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Old 06-02-2009, 06:28 PM
PhoenixRising PhoenixRising is offline
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The court clerk let me deliver my affidavit via the mailbox and saw no problem with it. We signed that it was delivered and what method that I used before adding it to the court file.

The ex was home at the time but that still did not matter, I would have rather he was not at home at the time.

Just make sure you clarify it with the court clerk first. The document may have other stipulations.

Last edited by PhoenixRising; 06-02-2009 at 06:29 PM. Reason: Addition phrase
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Old 06-02-2009, 07:56 PM
independentgal independentgal is offline
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I did it once when my ex hid from me when I rang his doorbell. I saw him crawling on the floor away from the door. I had to serve him that day in order to bring a motion. I attached an affidavit to my affidavit of service in that i said my ex was evading service and I saw him at home etc. I put the papers in the mailbox at the end of his driveway. I went to the courthouse and the woman accepted it as special service-personal service. I was shocked actually. If they accept your material, you have won a huge step. The other side would have to make an issue. Unless you have a contempt motion, you could try it if you are desperate to serve it. Just don't ask questions when you affirm it at the courthouse. Act cool! lol

I don't know if it considered immediately served though in your case. It would be considered served 5 days after I believe, as is the timeline for service of mailed documents. That is allowed.
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Old 06-03-2009, 02:02 PM
frustrated11 frustrated11 is offline
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I called the clerk's office at the courthouse and they said it was fine as it is an answer and not the initiating documents. My problem with it not being personally served is that what if there are multiple people living in your home and it does nto get passed on to you
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