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DesperateMomGa · Jun 19, 2012, 08:05 AM

I have been divorced for about a year.
I recently learned that my ex-husband is building a case to take me back to court to modify the divorce settlement.
In an attempt to get some time to plan, I decided to take my son on a 3 week vacation before school starts and visit some out of state friends and family.
The sheriff served my 19yr old daughter still at the house with my court summons.

Is this proper and legal ?
I was under the impression that I personally had to be served.
Can a sheriff just hand my daughter a summons for me and have that be considered "good" ?
I live in LaGrange, Ga.

AK lawyer · Jun 19, 2012, 08:22 AM

Originally Posted by DesperateMomGa

...
The sheriff served my 19yr old daughter still at the house with my court summons.

Is this proper and legal ?...

Was she residing there at the time she was served? If so, yes, this would be good service. Rule 9 of the Georgia Rules of Civil Procedure provides, in pertinent part, that

"... In all other cases to the defendant personally, or by leaving copies thereof at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein ...".

DesperateMomGa · Jun 19, 2012, 09:00 AM

They didn't serve her at our residence.
They served her at her boyfriends house in the same town as our residence.
Does that make a difference ?

cdad · Jun 19, 2012, 01:27 PM

Originally Posted by DesperateMomGa

They didn't serve her at our residence.
They served her at her boyfriends house in the same town as our residence.
Does that make a difference ?

That doesn't sound correct from what was quoted as Ga law. It has to be your house. Since it was a place other then where you live and it wasn't personal service then you may be able to delay things. What are you trying to delay? A decision or something that will cause major changes?

DesperateMomGa · Jun 19, 2012, 01:32 PM

I'm in the middle of moving and do not want to get bogged down in a court battle in a county a hundred miles away.
He is welcome to serve me after I get settled into my new place but if I can have this summons dismissed as improper and just delay a "real" summons by a month or two, that would make my life much easier.
He has a great job, makes a ton of money and remarried to a woman with a great job.
Nice for him but I am the typical single mom with no education or employment and reliant on his alimony/child support to survive at the moment.
I can't even afford the lawyer to have this dismissed in all honesty.
Are there any resources for women like me ?
Does he have to pay for my attorney if he is bringing me to court ?

AK lawyer · Jun 19, 2012, 01:36 PM

Originally Posted by DesperateMomGa

They didn't serve her at our residence.
They served her at her boyfriends house in the same town as our residence.
Does that make a difference ?

Sure it does.

File a motion that the service be quashed.

cdad · Jun 19, 2012, 01:38 PM

There are several ways to approach it. But from what your saying it sounds like this is a matter for the courts attention. Its going to happen anyway. You can ask the courts for relief if you win but your still liable for the bill until he pays it. Also most areas have access to some forms of legal aide. Im not sure how you think moving is going to help. You can't make the courts change just because of your move and then your stuck going the extra mile to attend court. You really need to settle this or ask for it to continue based on certain grounds. That also would cause a delay but too many delays and the courts will frown on it.