Legal Question in Family Law in California
I live in California and I need to serve my ex-wife custody papers and her lawyer wants me to give them to her and she will give me a letter of acknowledgement. Would that be ok to do.
3 Answers from Attorneys
That's not valid service. You are a party to the action. You need to have someone who is above the age of 18 and not a party to the action serve papers. Her attorney is either an idiot, or trying to set you up so he/she can challenge service.
Roach is the idiot. There is a form called a Notice and Acknowledgement of Receipt. You are perfectly able to mail that to the attorney along with the papers, and if the attorney signs and returns it, service is valid. The drawback is if the attorney is not actually authorized to accept service, and therefore doesn't return the form, you have to start over again. If someone not a party to the action who is over 18 sends the form, you still don't have valid service if the form is not returned, but you have a right to ask for reimbursementt of the cost of having personal service done if the form is not returned.
Mr. McCormick can't read. He must be the idiot telling you it is ok. You are not allowed to serve papers if you are a party, and you cannot serve your ex wife in your divorce proceeding.