Marriage and the Power of Divorce
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Omi43221
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But the PI is not an official court processor so still doesn't work If she only randomly leaves the house. It's possible the lawyer doesn't know because this is an unusual situation.Yeah, you can't just hide to avoid lawsuits. The process server will give their "best effort" and then the court will figure out how to proceed from there. Certified mail, posting on the door of residence, local paper, etc.
Link pertains to debt collection, but same process applies.
What Happens If a Process Server Can't Serve You? | SoloSuit Blog
When a debt collector files a lawsuit against a consumer, there is a legal requirement applicable in courts across the country that the consumer be served with a notice of the impending legal action. This requirement is in place to ensure that the consumer (known as the defendant in the lawsuit)...www.solosuit.com
If you hired a PI they could probably just sit outside the door until she has to buy groceries or answer the door for a delivery.
moonarchia
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Get the case in front of a judge and let the court summon her. If she tries dodging that it's going to end poorly for her.
Omi43221
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I
This is the court summoning her, the court assigned a court processor to serve her. Unless he sees her and can make an attempt to hand her the summons the court will dismiss the case. I asked my lawyer if we can petition the court for some other way to notify and she said nothing else is acceptable for family court.
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Gavinmad
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I would get a second opinion from another lawyer. Ideally a male one.
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Wantonsoup95
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moonarchia
The Scientific Shitlord
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Or ask the judge? They would know what they will or will not accept a hell of a lot better than a lawyer would. Family courts are supposed to be about helping the kid, so use that to your advantage. Your ex removed your son from a school without your knowledge or consent. Petition for immediate custody.
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I really don't think this is how it works. You need some second opinions. You can't legally get off the hook for your obligations, especially those imposed by the state, by hiding from the court.
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Cad
scientia potentia est
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This doesn't sound right and certainly isn't how it would work in Texas. I'd seek a second opinion, as stated above.
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Omi43221
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I trippled down on the question to my lawyer, and this is the response I received. :
" as, I have stated previously, the law requires personal service for a Motion for Contempt because there is a Show Cause Order included in the Court’s paperwork."
I called the domestic clerk's office to confirm this and they did confirm it. It has to be served in person either by a court approved processer, a local sheriff, or certified mail where the recipient signs for the package. If the recipient refuses to open the door there is nothing much I can do.
" as, I have stated previously, the law requires personal service for a Motion for Contempt because there is a Show Cause Order included in the Court’s paperwork."
I called the domestic clerk's office to confirm this and they did confirm it. It has to be served in person either by a court approved processer, a local sheriff, or certified mail where the recipient signs for the package. If the recipient refuses to open the door there is nothing much I can do.
moonarchia
The Scientific Shitlord
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Call your sheriff's office already. Explain the situation calmly and clearly. Have them execute a wellness and safety check and serve mom the court order at the same time. It's either that or get CPS involved and have her served while they are doing their thing, but that could go very south very fast.
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Gavinmad
Mr. Poopybutthole
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We didn't say ask the same fucking lawyer a third time, we said ask a different lawyer. The idea that you can get something like this dismissed simply by ducking the subpoena is fucking ludicrous.
And I'll once again specify getting a second opinion from a MALE lawyer to remove the risk of in-group bias, especially with the attitude she's tossing you in her answer. Even if she's not lying, there has to be more that can be done and the little snapshots we've gotten make it seem like she isn't terribly concerned about the case.
And I'll once again specify getting a second opinion from a MALE lawyer to remove the risk of in-group bias, especially with the attitude she's tossing you in her answer. Even if she's not lying, there has to be more that can be done and the little snapshots we've gotten make it seem like she isn't terribly concerned about the case.
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Agreed. He is not getting the answer of an attorney interested in getting the resolution he wants. An attorney trying to get the client's result would be immediately helping to escalate instead of "idk tough shit not my problem".
I'm close friends with several lawyers, including a family law specialist, and this is REALLY not how the system works. Get a new lawyer, have them to call sheriff for help with service.
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Cutlery
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When I called out my raging cunt of a divorce attorney for not doing her goddamned job for me and losing me a significant amount of back child support, she refunded my entire bill and apologized profusely.
Start calling this retard out, and start making fucking noise, because the system is set up so you can't just fucking duck shit. Sheriffs serve papers all the time, and they will find you and won't stop trying until they do.
Cad
scientia potentia est
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If this is the level of effort you're willing to put into your life, then you deserve the results you get.
Listen to the very good advice being given to you in this thread. These people are trying to help you.
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Asshat wormie
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Omi43221
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