Legal Questions? / Legal Answers!
Serving a Summons The Easy Way.
"There are many reasons for needing
to serve a summons or other legal paperwork.
Maybe to get the other party to court for
a Parental Right & Responsibilities Order
or A Motion To Modify Order. Maybe to get
witnesses to court to testify for you. No
matter what the reason, there is a process
that has to be followed to do this the correct
way. Did you know that when you have something
to be served, it can be served without the
use of a Sheriff or Police Officer?"
The Rules
1. The person serving the summons must be
over 18.
2. The person serving the summons must sign
the affidavit that it has been served.
3. The person serving the summons cannot
be any part to the court action. ( witness
)
4. The person serving the summons Cannot Be You!
The person serving the summons has to sign
an affidavit which states the name of the
court and the names of the parties involved.
It must be signed by the plaintiff, ( you
) and give the address within the state where
the other party (Defendant ) may be served.
The signed affidavit needs to be filed with
the court, along with what ever court forms
you are filing.
It's that easy.
"Now let me give you some advice here.
I would suggest that you do not use anyone
the other party knows, to serve the summons.
No family members, no friends. The other
party may realize what is trying to be done
and make themselves harder to serve. If they
have never seen the person standing at their
door, or who walks up to the vehicle they
are getting into, they probably will take
the envelope. Besides, using a family or
friend can cause bad feelings on everyone's
part. If you cannot find anyone to serve
your paperwork, there is another way. In
fact, a better way!"
It is a much better way to serve someone
because you involved no-one!
You can mail all the paperwork to the other
party Registered Mail. Subpoenas, Modify
Orders, any legal paperwork you need to serve
on the other party can be done through the
mail. The signed green card is all you need
to file with the court, to prove the summons
was received.
I actually recommend you serve anyone through
the registered mail instead of having someone
hand them the summons. The green card is
your proof, The affidavit that is signed
by the person who serves the summons, is
never signed by the other party. I believe
that leaves a question of doubt of service
and you may need the person who served the
summons, to testify that they did do so.
"OK. I know that there is a real good
chance that the green card will be rejected
by the other party. I know because I used
to take people to court for bad checks. In
order to do so I had to prove where they
lived. Getting that signature on that green
card was how I did that. I found it wasn't
easy to do. If they know who it is from,
they just refuse to sign for it. So I came
up with some ideas."
"I went up to the shoe department and
found a small shoe box. I folded my legal
paperwork in a way so that if you shook the
box, it would sound like it had something
in it. Maybe a Prize? I then wrapped the
box up with brown paper. Remember, the box
has to be big enough to attach the green
card to. I put the address of the other party
on the front of the green card. I then put
a known name of a company in the left hand
corner of the box. I didn't write the company's
return address on the corner, just the name!
That way, if it becomes undeliverable, the
postmaster will have to tear the green card
on one side, and read your address on the
other side, to see where it gets returned.
That way, it gets returned to you. You can
use any company name you'd like. If I was
sending it to a female, I used Frederick's
of Hollywood as the Company Name and wrote
on the box in big red letters, "Congratulations!
You won!" If it was a male, I used Sports
Illustrated as the Company Name. and wrote
the same big "Congratulations! You Won!"
red letters on their box."
The only boxes I ever received back, were
the boxes I sent to people who had since
moved. Most all others signed the card!
Do not put a fake address on the green card.
Your real address is hidden until the person
it was sent to signs fo it. If it asks for
it on the front, (I don't believe it does
but I haven't checked) don't put anything.
There you go! For less than $9.00 you have
had the other party served and no one was
involved.
When you receive the green card back, take
all your paperwork and that card, to the
clerk of courts at the courthouse and they
will file everything for you.
You will have to pay a fee to file your paperwork
unless you file a waiver. see: "Filing For A Waiver Of The Filing
Fee."
BTW... "If the other party has an Attorney,
you can have the summons hand delivered to
their Attorney. You can then use a family
member or friend to deliver the summons to
the Attorney's office. They Attorney or the
secretary for the Attorney, will then sign
that they receive the summons."
Hope this idea helps you to get your registered
"box" signed for and saves you
some money and aggravation on the serving
process.
My Final Thought...
"Don't forget that you only have a certain
number of days to file your paperwork with
the court, once that Green Card has been
signed. If you are applying for a waiver
of fees, see: "Filing For A Waiver Of The Filing
Fee." you should get an answer on your request
within 7 days. If you are denied a waiver
request, make sure you have the filing fees
ready. If you do not file your court forms
within their time frame, you will have to
start the whole process all over. Ask the
Clerk of Courts how long you have to file
your paperwork after getting back your signed
Green Card or Service of Summons. If for
some reason you need to start the process
over again,you will have loss the "element
of surprise" in getting that Green Card
signed. This time around you probably will
need to have the forms delivered by a Process
Server."