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Process Serves

Tacoma, WA |

I am in the process of trying to serve my ex with papers for notice of show cause hearing. I have hired a process server as I live in California and my ex lives in Washington. The process server has made several attempts to serve her. she has had her living boyfriend answer the door and say she is not home, and now she has just stopped answering the door. My question is do I have to try other methods of serves (e.i. mail, publication), or will a letter from the process server stating that he has tried and failed because of avoidance be enough of an attempt in the eyes of the judge? Plus she has already stated in e-mail conversations that she has knowledge of the court date.

(i.e. mail, publication)......

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Attorney answers 3

Best Answer
Posted

Ask your process server to attempt service at places other than her home. Ask the process server to wait outside of her work, outside of the gym, or where she gets her hair done. Find out as much as you can about your ex's daily schedule and try to have her served when she is not expecting it. I suggest hiring a different process server if these options have not already been presented to you.

Posted

Have the process service keep trying. Meanwhile hire a private investigator. Uncover work, shopping and recreation habits so the process server knows when and where to get service.

Posted

It is unlikely that her just avoiding service will be enough to get the court to approve an alternate form of service. The right person will find a way to get her served. If the boyfriend lives with her, then he can be served in her place. You can also have the local police or sheriff do the service.

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John Robert Bonin

John Robert Bonin

Posted

All prior answers are correct but Mr. LaBare's is actually the most helpful and informative to you asker. First, even difficult people seldom fail to come to the door for law enforcement and civil deputies wear uniforms. Second, while I have not researched the issue of service of an order to show cause in a family law matter by substitution upon a person of suitable age and discretion at the other parties abode, the suggestion you serve by substitution upon the boyfriend is actually a very solid suggestion for you. As Mr. LaBare does family law matters I suggest you follow up with him briefly on your facts just to make sure that what you are doing allows for - what is generally almost always allowed - service by substitution.