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Can a family member be served on behalf of someone else in the family.

Fayetteville, AR |

I contacted someone who left a note for my father on his truck and found out he needed to serve him some legal documents. My fathers out of the country and I was leaving to go out of the country. When I get back he's wanting to serve me the legal documents. I'm temporarily staying at my parents place but it's not my legal residence. Can I deny the paperwork if he tracks me down? I don't feel like calling and ruining my fathers vacation, so if I do get served the papers how long do you have to respond? Also I'm assuming if they are trying to serve him, this involves a lawsuit? Or are there other situations where you get served legal documents?

Attorney Answers 2

  1. ". . . By Whom Served; Service of summons . . . shall be made upon any person designated by statute to receive service or as follows:(1) Upon an individual, other than an infant by delivering a copy of the summons and complaint to him personally, or if he refuses to receive it, by offering a copy thereof to him, or by leaving a copy thereof at his dwelling house or usual place of abode with some person residing therein who is at least 14 years of age, or by delivering a copy thereof to an agent authorized by appointment or by law to receive service of summons." ARCP Rule 4.

    An in-state Defendant has 20 days to file an answer after personal service.

  2. Generally speaking, any person of "suitable age" can be served if they are at the residence of the individual for whom the Summons or legal documents are intended. Also, a defendant/respondent generally has twenty (20) days to file an Answer assuming that they are in-state.