Legal Question in Family Law in California
OTSC packet served by mail- have not received response or return recpt.
I served my son's father, by mail, with a supporting decleration in the order to show cause packet. I have not received the return recpt. nor the package I sent to him. Our court date is scheduled for 3-4-08. If he is refusing the docs, do I need to go back to the clerk and start the process over.
2 Answers from Attorneys
Re: OTSC packet served by mail- have not received response or return recpt.
No, you simply need to get him served. If this is an order to show cause after a judgment for dissolution has been obtained, you need to personally serve him.
If not, and if there is a pending action, you can serve him by mail without requesting a return receipt. Of course, it is better to get a receipt signed.
I would have him personally served by someone, such as by the sheriff's office. If you don't get him served in time for the hearing, go to court and request a continuance on the day of the hearing.
Re: OTSC packet served by mail- have not received response or return recpt.
Just appear in court, tell the judge you attempted service by mail but haven't received the acknowledgment form. Ask the Judge to reset the matter 6 weeks so that you have 2 weeks to get him served. Then have a process server or deputy serve him personally.
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