Who can serve papers?

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Latest post 10-23-2009 5:29 PM by rooter. 11 replies.
  • 10-22-2009 11:31 PM

    Who can serve papers?

    I need to serve some papers on my wife and on my pension plan administrator. The papers can be served by mail. I understand that service can be done by anyone over 18 who is not a party to the case. It would be very convenient to have my son, who lives with me, serve the papers by mail. Would there be anything legally improper about that?

     

     

  • 10-22-2009 11:42 PM In reply to

    Re: Who can serve papers?

    Depends on what kind of papers and the rules of your state which you haven't identified despite the rules of this site that request that you do so.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-23-2009 12:52 AM In reply to

    Re: Who can serve papers?

    I should clarify. I'm in California. And, she's actually my ex-wife. The papers have to do with joining my retirement system to our divorce case and requesting an order that refunds her share of my contributions. And, technically, she'll be serving the papers, not me, although I'm preparing them at her request. So, can our 21 year old son act as the process server?

     

     

  • 10-23-2009 5:58 AM In reply to

    Re: Who can serve papers?

    You may be mixing apples and oranges as to service;  service by mail- which does not involve a person over 18 but involves sending mail to a person by the means designated by the rules ( certfied, restricted, etc) vs personal service which is a person handing the papers to the person who needs to be served and which needs to be done by a person, not the party, who is over 18 yrs of age.  That person would complete an affidavit of service indicating when , where and whom the papers were served.  As long as there is no possibility of there being a dispute as to service,  your son could probably do it ( If they was a dispute I would suggest using someone else not involved in the family). 

  • 10-23-2009 11:00 AM In reply to

    Re: Who can serve papers?

    Please clarify further.

    Is this a Qualified Domestic Relations Order (QDRO) that's going to the custodian of the retirement fund for the purpose of splitting out part of the retirement fund to your ex-wife?

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-23-2009 4:09 PM In reply to

    Re: Who can serve papers?

    The instructions provided by the family law office of the court say to have a process server (someone over 18 who is not a party to the case) serve the papers by first class mail. That's all I know.

  • 10-23-2009 4:09 PM In reply to

    Re: Who can serve papers?

    Yes.

  • 10-23-2009 4:17 PM In reply to

    Re: Who can serve papers?

    That is, yes, it is a QDRO.

  • 10-23-2009 5:04 PM In reply to

    Re: Who can serve papers?

    Wouldn't that be a mailperson?

  • 10-23-2009 5:22 PM In reply to

    Re: Who can serve papers?

    I'm not sure I'd trust anything a court clerk tells me.

    If the QDRO was properly drawn up there should be an affidavit of mailing at the end of it.

    Once the judge signs the QDRO you should be able to just fill in the affidavit of mailing, send the original by regular mail to the custodian, and file a duplicate for the case file (and keep copies for you and your ex, of course).

    That's all I had to do when I did my QDRO.

     

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-23-2009 5:25 PM In reply to

    Re: Who can serve papers?

    JoBraver:
    Wouldn't that be a mailperson?

    I don't think so, since the process server (whomever he or she may be) has to also file a proof of service.

  • 10-23-2009 5:29 PM In reply to

    Re: Who can serve papers?

    adjuster jack:
    I'm not sure I'd trust anything a court clerk tells me.

    They're written instructions, and they're fairly detailed, almost as if someone put some thought into it and had it reviewed by someone who knew what they were doing. I'm just trying to follow them.

     

     

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