Legal Question in Family Law in California

Service of papers by mail

Hi,

I have a child support modification and had my current spouse drop the papers in the mail with signature confirmation. Four notices were left by the postal worker and now they are on their way back as he refused to sign for them. Can I show up in court with proof that he refused to sign for his papers or do I need to try another method of serving these papers? It was a modification of child support order, income and expense declaration and responsive declaration

Thanks

Louise Johnson


Asked on 10/07/06, 6:11 pm

3 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Service of papers by mail

You can serve post judgment papers by mail pursuant to CCP 1013. It does not need to be signed for by the ex. Have the court re-issues your hearing and then do proper service. If your court has a facilitator's office they can assist you. Good Luck, Pat McCrary

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Answered on 10/09/06, 11:26 am
Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: Service of papers by mail

Post-judgment motions and Orders to Show Cause (like your OSC for Modification) must be personally served. You need to hire a process server. Look in the phone book under Attorney Services. Also, the Sheriff's Office may also serve your papers for a fee.

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Answered on 10/08/06, 8:51 pm
Law Office Law Office Law Office

Re: Service of papers by mail

You should have a process server serve your ex with these papers and then if he doesn�t sign for them then the process server can become a witness and in court he can say that your ex would not corporate. If you need our law offices help please contact us. 760.243.5121.

Thanks.

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Answered on 10/07/06, 6:55 pm


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