I am looking for caselaw for improper service of court documents, can someone help, please?
Thank you:D
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I am looking for caselaw for improper service of court documents, can someone help, please?
Thank you:D
Mostly its going to depend on where you live I think. Its my understanding that in some states simply taping a notice to your door is good enough where in others it requires a physical handoff to the party involved.
What state?
I'm sorry... lolQuote:
Originally Posted by foxxxy
Nevada...
And my question has to do with court documents served to a minor in a household where defendant did not reside.
What was the age of the person served, what sort of service was it, divorce decree, judgement, rules differ on the requirements of service depending on what it is often.
In general the court will have its very specific rules on what it requires.
Was this the last known address of the person being served, For example, service can be done in many places by merely nailing the summoms to the door of the residence that is the last one known.
Serving another person in that household is called service by substitution, and is allowed as long as that address is the address of record for that person, and the person accepting it,
Your local court clerk should be able to provide you with the requirements of legal service for your court.
I have hotlinked Rule 4, Rules of Civil Procedure; if you will read over it and restate any question you have, I will try to address your question.Quote:
Originally Posted by foxxxy
NEVADA RULES OF CIVIL PROCEDURE
Quote:
Originally Posted by califdadof3
Generally there are 3 types of service - nail and mail (several attempts at different times of day followed by "nailing" to door and mailing within time frame), substitute service (service on another party of legal age) and personal service. Depending on the type of matter personal service MAY be required.
Depending on the type of case if the papers found their way to you you have been served - as a rule of thumb where I live if you go to Court and claim improper or insufficient service you will be properly served at that time. Sometimes the improper service is deliberate because there's a chance you'll show up in Court and be properly served at that time.
As far as serving a bad address - if that's an address on record, that's the last "good" address, it can be legal service.
As far as service on a minor - "usually" insufficient service. Did the minor accept the papers and how did he/she identify himself/herself - ?
At any rate now that you are aware of the procedure it would be very dangerous to your interests not to appear thinking service was improper.
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