I have a contempt of court hearing scheduled for next month against my ex-husband for failing to pay court ordered maintenance. My ex-husband resides in Pennsylvania. I paid a law firm in Pennsylvania to serve him the document regarding this hearing. This company has been unable to serve him at his work because his employment doesn’t allow personal matters to take place on company property. Also he lives in a gated community and in which the law firm had to hire a constable to try to serve him there. I have a total of five failed documented attempts to serve him. My ex-husband won’t answer his door at his residence and picks up his phone when the server tries to call him but he won’t talk. He’s choosing to avoid being served. I don’t know what else I can do? I did have a friend send a scanned copy of the contempt hearing to his phone and I have proof that he read it. Will that be enough to prove that he has been served? Please advise. Thanks
Unless you get court approval in advance (not likely to happen) a text message is not valid service even if he read it.
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When you cannot effectuate Personal service, you could try a motion to serve by publication. The Colorado Judicial Branch site has instruction forms on how to attain service of process when you are unable to personally serve a respondent/defendant.
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