Legal Question in Credit and Debt Law in Georgia
While I was at work, a process server came to my home looking for my wife. We are separated and we are living apart until we can determine the status of our marriage. We though best to keep the children out of it until we know for certain.. The process server gave my child, 17 yrs old, the paper. He asked if my wife lived here and he said yes. And the process server ask my son his age and he told him. what can i file at the courthouse to inform the court that my wife and I do not live together. She is in another country and that I can not accept service for her.
3 Answers from Attorneys
You can't file anything. You may want to call her wife so she can address this.
Agreed with attorney Ashman. This is a matter between your wife and the Plaintiff. Furthermore, your wife should be filing ANYTHING in response to the lawsuit by herself. She should hire a lawyer to address lack of proper service issues.
Attempting to "file at the courthouse to inform the court" by yourself will end in complete and utter disaster.
I agree with my colleagues. The issue is your wife's, not yours. Your duty, since the process server dropped off the papers, is to send them to your wife and suggest that she get local counsel. She, through her attorney, can object to service.
What you should have done is told your son or anyone else that your wife does not live there and refused service.
I suppose that you can always call the opposing lawyer and advise them, but it will mean nothing. Your wife is the one who must file something with the court objecting to service.
I don't know what she was sued for, but ultimately, objecting to service is only going to delay the inevitable. If it was for a debt, she should consider resolving it, but she should only do that after consulting a lawyer.