Process Server Left Complaint with Child and Mother No Longer in Home.what to Do

[brainchildd]

My question involves court procedures for the state of: Georiga

While I was at work, a process server came to my home looking for the mother of my daughter. We are no longer together and she moved out some time ago. The process server gave my child, 17 yrs old, the paper. He asked if my daughters mother lives here and he said yes. He said he didn't know what to say. 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 the mother is not here. I haven't spoken to her in awhile. Last I heard she went to stay overseas.

With all court documents they give a person time to respond. I will do my best to notify her, but just in case what should I do. I have already typed a letter to mail to the opposing attorney and to the courts. I also touched on leaving papers with my minor child. I am really pissed off. Childen can not in anyway understand what these types of things. I don't want any harm to her or her to end up in a bad way and have to fight to get out it. We just didn't make it as a couple.

[jk]

why would your 17 yo child say yes if the answer was no?

Georgia allows the summons to be left with at person of suitable age and discretion. I would suggest 17 years of age would be of suitable age.

Childen can not in anyway understand what these types of things.

what's to understand:

does [this person] live here?

yes; they leave the summons

no; they might ask if the person knows where they live but after that, they leave.

[Dogmatique]

Why on earth didn't your son simply say "no"?

Just let the attorney and the court know that your son is 17, and was not an agent of the defendant, and that the defendant no longer lives there and has not lived there since X date. Given though that he's 17 and not 7, that might not wash.

I'd be more annoyed at my son though, than the server.

[AZDeputyClerk]

Most states set the limit regarding "Service of Process" on a child between age 15 and 16. Here in Arizona, process can be served on persons age 16 or older without having to additionally serve the minor's parent or guardian. The fact that your son confirmed that he is related to the defendant(s) and resides at the last known address of the defendant(s) will generally be held as sufficient to prove good service UNLESS he clearly stated that the defendant(s) no longer reside there. The process server is not required to ask that, though a professional one would if they had any reason to ask.