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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

Posted

". . . 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.

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Posted

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.

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