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What happens if you can't get they other party served with the complaint?

Cumming, GA |
Filed under: Litigation

I have sent the other party the complaint by Fed Ex and it was signed for. Now we are trying to serve them as well and they have refused every time to accept the complaint. The complaint that they are trying to serve has the court date for them to show up. What will happen in court if they don't show and no answer if filed with the court. This is a contempt hearing.

Attorney Answers 4

  1. As the movant you must show that you have service. If not, you may request a continuance. The judge may, or may not grant it.

  2. You have to serve the other party to complete the beginning of the lawsuit. Sending by Federal Express does not complete this process. There is a method to make them pay for the costs of service, however it has a longer time frame than you might like. The Sheriff will serve for you or you can hire a private investigator.

    The information is for general information purposes only. Receipt of this information or e-mail from our website, or other communications should NOT be construed as legal advice for any individual case or situation, nor the formation of an attorney-client relationship.

  3. You need to have served the defendant by one of the legally accepted means of service under your state's law. In Georgia, Fed Ex is not good service.

  4. You may wish to petition the court for appointment of a special process server. It will be expensive but if you can't get service any other way you may need to do this to get the job done.


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