Refused to be served

[kw0602]

What is the name of your state? AL

The state tried to serve my husband's ex for contempt of court on child support and she refused to be served. I was not aware that you could refuse to be served. So what happens next.

 

[weenor]

What is the name of your state? AL

The state tried to serve my husband's ex for contempt of court on child support and she refused to be served. I was not aware that you could refuse to be served. So what happens next.

No she can't, - AL R RCP, Rule 4 (e) Service Refused. If service of process is refused, and the certified mail receipt or the return of the person serving process states that service of process has been refused, the clerk shall send by ordinary mail a copy of the summons or other process and complaint or other document to be served to the defendant at the address set forth in the complaint or other document to be served. Service shall be deemed complete when the fact of mailing is entered of record.


Did you give the clerk, the completed green certified mail card when you filed the petition or did you pay the fee to have the sheriff serve it or do you have a special process server? If service has been properly attempted but not accomplished, you may motion the court to serve by publication. In your motion you must certify that you have attempted to serve and outline your attempts specifically to show the court you've tried. Service by publication is set forth in AL Rule of Civil Procedure 4.3

 

[kw0602]

This is all being done through the state. He was told that the sheriff would drive to her house. When they got there she told them that she did not want it and closed the door. So they just send it to her in the mail and say that they know she got it? She is in contempt as she has never paid any child support.

 

[abstract99]

This happened to me once and I will tell you what happened. I served her via the sheriff [or at least tried]. She did the same thing with closing the door in his face. They made a report of it and the next day I sent the same info out priority mail certified RESTRICTED. If you do it restricted ONLY your ex can sign for it not her roomies or whatever and then she claim she never got it but you can't do restricted next day aid, it can only be priority (2-3 days). She also refused to sign for that. I brough that as well as the sheriff's report into the court hearing and everything went in my favor. The stupid part? I was in court for my disability to have the CS lowered a small percentage (just over 10%). Since she didn't show up, the child support was actually abated [I had 50% visitation at that time so it was possible to get it abated]. When she took me to court 6 months later for not paying the judge threw her out of court and threatened to throw her in jail for wasting the courts time by filing contempt charges against me. Last post for a couple days so good luck with this.

 

[NoDiggety]

This is all being done through the state. He was told that the sheriff would drive to her house. When they got there she told them that she did not want it and closed the door. So they just send it to her in the mail and say that they know she got it? .

Yep, they will know she got it. If she goes into court and says "well I never got it", but yet she refused service from the sherriff and certified mail (which will both be documented), the court will see the game she's playing.

It doesn't matter if she "does not want it". IF she didn't want it, then she should have thought twice before denying a court order.