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What happens if a motion filed in a case is returned to sender?I filed a motion for the dissolution of a stay-away. I sent it via USPS certified mail, with an electronic return reciept. They attempted to deliver the mail and left a note that the petitioner should go to the office to pick it up, I was wondering what happensif he doesn't pick it up and what if the mail is then returned to me. Would I as the respondent get in trouble for not notifying him? Is there a way for me to have an officer give him the motion so that I was no longer responsible? Attorney answers (2)
Reputation Level 19
Answered almost 3 years ago.
DUI / DWI Attorney in Los Angeles, CA.
I would Google "process servers" or "skip tracers" in your area and see who can have the service effected.
My standard disclaimer: I am not offering legal advice, assume I do not know the law in your state and that I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer in your area immediately after reading my posting. 1 person marked this answer as good
Nicholas Chukwuemeka Okorocha, licensed in California
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Reputation Level 15
Answered almost 3 years ago.
Litigation Lawyer in Orlando, FL.
When you send a copy by certified mail also send a copy by regular mail. If the certified mail is returned to you but not the regular mail then you can let the judge know that you sent two copies and that one did not come back. I am not sure what type of motion you are referring to but generally you do not need a process server to deliver notice of a motion hearing. Notice by mail is sufficient.
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