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  1. #1
    Join Date
    Mar 2006
    Location
    nyc
    Posts
    13

    Default Figuring Out How To Serve A Lawsuit

    Hi,

    I think this is a pretty simple question and concern, and you may want to clarify as it may help others too (without giving me attitude):

    1- I need proof of service
    2- I understand that there are people like: a sheriff, etc to serve + alternate ways
    3- Please tell me:
    a) courts usually accept
    - certified mail receipts
    - or document(s) signed by a family relative, agent, etc.
    without probelms
    b) or no, they don't.

    You don't need to be a
    rocket scientist, or a lawyer, to tell me that. Well, may be a lawyer.

    Thanks.

    Anne Stevens

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    71,832

    Default

    Courts often require that initial service be by somebody other than a party - check the court rules. Service by certified mail can be great if the intended recipient is actually willing to sign for the letter - they don't have to sign.

  3. #3
    Join Date
    Mar 2006
    Location
    nyc
    Posts
    13

    Default

    This seems simple, but covers the basics.
    as

    [quoted from a website]
    WHAT DOES IT MEAN TO "SERVE PAPERS"?
    Serving papers on another person is an official handing over of documents. Papers must be "served" on any other person who is involved in the law suit or who the law requires get the papers.
    This lets the person(s) in the case know what you are telling the court and what you are asking court to do.
    If the papers are not served in the correct way at the correct time, the court cannot go forward with the case.
    A person is served when they officially receive the papers.
    Papers which start an action (Summons, Pefition, Order to Show Cause, etc) must be filed first and then served on the other person(s).
    Even if the law does not require a particular paper to be served before filing, it is a good idea to file all papers first then have them served with the Court's file stamp on them.
    After the papers are served, a Proof of Service form must be filled out and signed by the person who served the papers. The Proof of Service form must be filed with the court

    Quote Quoting Mr. Knowitall
    Courts often require that initial service be by somebody other than a party - check the court rules. Service by certified mail can be great if the intended recipient is actually willing to sign for the letter - they don't have to sign.

  4. #4
    Join Date
    Mar 2006
    Location
    nyc
    Posts
    13

    Default return receipt

    I got the certified mail receipt, signed by the agent.
    I am going to file that.
    Should I add a statement to explain who signed what?
    or is it self-explanatory
    and should I wait for the court to ask for more details
    (or not)?

    as

    Quote Quoting Mr. Knowitall
    Courts often require that initial service be by somebody other than a party - check the court rules. Service by certified mail can be great if the intended recipient is actually willing to sign for the letter - they don't have to sign.

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