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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

Posted

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.

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Posted

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.

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5 comments

Asker

Posted

This is for a divorce case. She is in contempt of the settlement. If the Sheriff can't serve her by the court date waht will happen?

A James Rockefeller

A James Rockefeller

Posted

Is this after the final decree was signed? If yes, the court date needs to be continued for service. Hire an attorney to handle for you.

Asker

Posted

Even though she signed for the contempt paper work by Fed Ex. She is aware of her contempt. Does she have to file an answer?

A James Rockefeller

A James Rockefeller

Posted

No. She has to be served. She was not served. Hire an attorney.

Asker

Posted

So what will happen if the Sheriff does not get her served by the court date?

Posted

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.

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Posted

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.

I

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