Legal Question in Family Law in California

My spouse has served me with divorce papers...Is it safe to sign and return the Notice and Acknowledgement of Receipt (FL117)


Asked on 3/25/11, 11:15 am

4 Answers from Attorneys

B. Stuart Walker Law Office of B. Stuart Walker

Yes, if what you received matches what the notice an acknowledgement says you were served with. But you should be aware that the same rules apply for service by notice and acknowledgement of receipt as in personal service. e.g. You have 30 days from the time you sign the acknowledgement to respond to the Petition, or your spouse can take your default, You are bound by the automatic temporary restraining on the back or on the second page of the summons. If you are missing anything, (e.g. blank response) send a letter to spouse or spouses attorney, requesting that missing documents be provided before you sign.

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Answered on 3/25/11, 11:38 am
BARRY BESSER LAW OFFICES OF BARRY I. BESSER

I agree with Mr. Walker. I would only add that it is usually a wise decision to retain an attorney of your own to make sure that your interests are protected.

BARRY BESSER

www.besserlaw.com

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Answered on 3/25/11, 4:29 pm

I agree with the previous answers. I write to emphasize that if you fail to sign and return it (if it is correct about what was served with it) you will be liable for the cost of having you served by a process server. I also want to add, however, that you have 20 days from when it was sent to you to send it back and THEN 30 days to file a response. So you get almost 50 days to respond.

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Answered on 3/26/11, 8:27 pm
Anthony Roach Law Office of Anthony A. Roach

Service of a summons by notice and acknowledgment of receipt is deemed complete on the date that the respondent or defendant signs the acknowlegement, not the date it is mailed back. You then have 30 days from the date of signing in which to file your response. (Code of Civ. Proc., sect. 415.30 subd. (c).)

If you don't sign it in the 20 days, then petitioner will simply have to serve you by some ofther manner, and you could be held liable for the extra expenses incurred.

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Answered on 3/26/11, 8:43 pm


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