Proof Of Service

Question: Is serving a minor child at home adequate proof of service? My friend's 12 year old daughter was served with legal papers for her mom. The collection agency says it was "legal proof of service?". Are you allowed to serve a minor child?

Answer: First: the minor was not sever, the mother was served. Second: in many jurisdiction (we don't know where you are from) in civil matters you are considered served even if the paper are slided under the door in your last known address and your signature wouldn't be required. In that case the court would only required that the person who did the "serving of the order" be able to swear that reasonable attempts were made to locate the person and that the documents were left in the last known address of such person. So even if the home was alone, the serving would have been legal. Again: every jurisdiction have their own rules about serving of legal document so you need to check the rules of you state. Your friend's mother can ignore the serving if she wants but then she runs the risk of the court ruling in favor of the collection agency.

Question: How EXACTLY can you file proof of service for a small claim? Basically, my husband and I are suing his brother, and when the guy went to serve him, nobody in the house would accept it. They knew what it was and therefore refused it, so he told them the contents and left the package on the doorstep. Is this still considered proof of service?

Answer: Send it registered mail, return receipt requested, so you have confirmation that the person picked it up.

Question: so i just got my selective service proof of registration in the mail? and i noticed that it has my social security number on there. i was just wondering if it is okay to cross it out or something just in case it falls into the wrong hands or my wallet gets stolen or something. i have my ssn memorized already but if i ever need to prove that i've registered for the draft, does the ssn have to be visible on the card? or can i just tell them my ssn if i have to prove that i've registered?

Answer: I never heard of needing to carry around a selective service card. Honestly, I never seen one since I never registered (joined the Army on my 18th birthday, making registration unnecessary). Your best bet is to call them to see if doing so will void the card, which it probably will. What I can tell you is that you can show someone proof that you registered via the Internet with the SSS webpage.

Question: What will happen if when filing an amicus brief, there's an extra party on the proof of service? There was a law firm that we served accidentally because they were on the last proof of service that I was using as a template. Does this matter? All the people who actually needed to be served were served ... plus the extra one

Answer: The first answer is correct. Of course tell the law firm it was an error. You can also file a one or two sentence pleading with the Court called a "Notice of Errata." That pleading just tells the Court that service on the law firm was a mistake. No one can contest or answer a "Notice of Errata." I filed a pleading last week that I forgot to include an exhibit. I filed the "Notice of Errata" and fixed the error. This is not a problem.

Question: What do these three areas of law have in common: dismissal request, proof of service, and small claims? A. They’re all part of the discovery process. B. Some states require the use of approved form pleadings. C. They’re areas of law not taught in law school. D. Each requires special service.

Answer: dude stop posting your homework online...just do the damn work yourself.

Question: What is considered proof of service? In courts what is considered proof of service. If i send an e-mail to someone, tell them there is a court case that they are a defendant in and they respond back saying they are aware now after the e-mail, is that valid service?

Answer: No. It has to be delivered to the defendant in hard copy. The summons and a copy of the complaint. Then the person who served it must sign a affidavit which must be notarized. The affidavit is considered proof of service.

Question: Can I be present when during a proof of service? I started the process of getting my marriage annulled and needed to serve my wife with a summons who has recently moved out. She was avoiding to tell me where she lived. I found out that my wife was living in a gated community. My friend and I went in through a car access gate that was open and walked in to go to her apartment to serve her. I contacted the manager for help in the service, but the manager claims that I was trespassing and asked me and my friend to leave. The police got involved (the manager and I called them). My friend eventually served her in front of the police officers. I was not present when the service was done. Is the service valid?

Answer: Yes. Your friend is not a party to the action, and can give service, and the presence or absence of any other person to the service is irrelevant.

Question: How do I get proof of service on terminal leave? I am currently on terminal leave and need a DD214 or something to show type of discharge and separation date. The 214 will be mailed on my ETS but I how can I start applying to federal jobs before then.

Answer: You will be given a copy (copies) of retirement orders, showing your terminal leave dates and date of retirement. Go register on USAJOBS. There is a special classification for service members who have yet to officially retire (have their DD-214). It allows you to apply for jobs without the record of service. Okay... this is for the idiot who gave me a thumb's down. You can apply for federal jobs without your DD-214, while on terminal leave. This is because when you apply while on terminal leave you are still considered on active duty, and active duty can apply for federal jobs within six months of separation. That is what I did and how I got my federal job. BTW, I work in Human Resources for the federal government. I am right on this. Congratulations on your service to our nation. I sincerely appreciate your service and sacrifice, and I wish you the very best in your future.

Question: Is The Yahoo!™ Answers Service Proof That United States Citizens Look For New Ways To Be Ignorant? In my browsing through yahoo answers I have found many horrible questions and answers. Some people answer questions with bogus answers or profanity. Some answer with racism, sexism along with other forms of bigotry and discrimination. Some of the questions are not even questions. Yahoo!™ creates publicity for this service with pointless celebrity questions. (Come on Bono, your not going to save the world or inspire anyone to. Stop asking pointless questions and go sing something.) But mainly. It appears Yahoo!™ Answers is just a new way for people to be lazy. A way for people to ask other people for answers, where in most cases, the research could easily be done. Some kids have other people doing their homework for them using this service. Is this what we want to encourage? The gap between educated people and uneducated people continues to get larger. This service is blatant proof of that. Maybe I am wrong. Maybe there is hope. I certainly hope that the questions and answers here, are not true representations of the american people. If so. We are all doomed. Is The Yahoo!™ Answers Service Proof That United States Citizens Look For New Ways To Be Ignorant?

Answer: Sure is I bet we could get quite a few from you

Question: How do you dispute proof of service? I have a lawyer opposing me in Nevada who said he sent me something by certified mail return receipt requested in my federal bankruptcy case . He is trying to lift my autoatic stay. I never received anything in the mail and my hearing is in a few days

Answer: If he sent something by certified mail, he should have a signed receipt.

Question: If there's a mistake on the proof of service with an amicus brief what happens? This is in a California court. I mixed up an address ... I sent the pleading to the correct address but it's wrong on the proof of service (I was using a template and entered in the address without deleting the city in the template so there's two cities listed for one of the people

Answer: If they were served and got served, and the one who served it had them to sign it, there should be no problem. Besides the person who served that paper, is your witness, that they served it to that person.

Question: What do these three areas of law have in common: dismissal request, proof of service,? A. They’re all part of the discovery process. B. Some states require the use of approved form pleadings. C. They’re areas of law not taught in law school. D. Each requires special service.

Answer: C'mon, Ashley, do your own work for heaven's sake! I'll repeat the answer I gave you for your other homework question. Although you may not agree with me, here is my honest answer to your question. This ‘question’ is a school assignment that your instructor undoubtedly expects you to complete on your own. As an instructor myself I suggest that you try to find the answer yourself using your textbooks, the Internet, etc. However if you honestly try your best and still can't find all the information you need by all means ask YA again, but in a more appropriate category. That would be ‘Education & Reference > Homework Help’. The folks participating in that category won't actually do your homework for you, but they are quite willing to help and point you in the right direction. That way you will get more appropriate assistance and can’t be accused of cheating … you are up front with why you are asking. It’s just like copying an answer or opinion out of a textbook when you give credit to your source so you can’t be accused of plagiarism. Good luck!!

Question: DUI Notice of correction and proof of service? I got arrested for a DUI and went to court on the court date and they said it wasn't in the system. A few days later I got a letter in the mail (a notice of correction and proof of service) stating that they made a mistake on my ticket, and that I have a new court date. What could this mean? Could they have charged me with the wrong thing? Is it worth talking to a lawyer about?

Answer: it happens sometimes when a ticket gets misplaced happened to me but i was sent a leter to appear next month in court

Question: what is notice of correction and proof of service? i got a Bicycle ticket for not having a headlight at night,,i went to court on the court date and they told me that the ticket is in their system yet,they gave me a another date,now i recived a mail from that officer(notice of correction and proof of service) here it says that violation should be change,,,,sould i sign it and mail it back or sould i go to court againe?

Answer: before the next court date I would go see the judge and have a repair bill to show it has been fixed. I think this is what is called a fix it ticket you have so many days to get it fixed and show proff that it is fixed If not you will hae to pay the ticket

Question: What does thes three areas of law have in common: dismissal request, proof of service, and small claims? A. THEY'RE ALL PART OF THE DISCOVERY PROCESS. B. SOME STATES REQUIRE THE USE OF APPROVED FORM PLEADINGS. C. THEY'RE AREAS OF LAW NOT TAUGHT IN LAW SCHOOL. D. EACH REQUIRES SPECIAL SERVICE.

Answer: The best answer is D. Its definately not C because I learned some aspects of these in law school. You can request a dismissal in court without any form pleadings, so its not B. Small claims is definately not part of discovery, not is dismissal, and proof of service is tangentially related to that at best, so it's not A.

Question: a man said he served me papers to appear in court & filed a false proof of service. what do i do? a man said he served me papers to appear in court & filed a false proof of service. i was not served papers and he lied. i didnt know about the court date and i missed it. what action should i take? i reported this in a response to the court once i found out about it. i appreciate all your responses.

Answer: You didn't say what state this was in, but most states allow you to contest the default by showing that you were not properly served, or served at all. Get a lawyer.

Question: Where can I find Proof of Service for Federal Court in Civil Lawsuit in MI? How can I Amended A Complaint? Best answer to both parts receives the points.

Answer: Go to the courthouse and ask for the Affidavit of Service. I can call ours and ask over the phone. It's public record. To amend a complaint, just file another complaint, and title it "Plaintiffs First Amended Complaint."

Question: when refiling unlawful detainer complaint, does proof of service have to be dated the same as the summons? If an unlawful detainer complaint was quashed, can the original 3-day&30-day notices to terminateTenancy, along with the proof of service document all with dates corresonding with the complaint that was quashed be used in refiling of a new Unlawful Detainer Complaint?

Answer: Hello, I found this information from the Stockton Court website in California. UNLAWFUL DETAINER Information for Landlords and Tenants Landlord Information As the landlord, you must begin by giving the tenant an appropriate written notice. If you are uncertain whether this should be a 3-day or a 30-day notice, you should contact a legal advisor for assistance. If the tenant has not moved out by the end of the period stated in the notice, you can begin the legal process by filing a complaint with the court. The forms to do this may be purchased from the court or are available at no charge through the court's web site at www.stocktoncourt.org. You may file your papers in person or by mail. When you submit your paperwork, you will need an original and at least two copies of the papers. You will also need to pay the appropriate filing fees. If you are unable to pay the court fees, you may qualify for a waiver of court fees and costs. Service The clerk will provide you with endorsed copies of the complaint and an original summons. You must then have the tenants personally served with the summons and complaint. You cannot do this yourself, but anyone who is over the age of 18 who is not a party to the suit can serve the papers for you. You may prefer to have the Sheriff's Department serve these papers for you, but you should be aware that they charge a fee for this service. The person who makes service will need to complete a Proof of Service form and give it to you. You must file this document with the court. Once the tenants have been served, they have five calendar days to file a response with the court. If you do not receive a copy of the tenants' response by mail, you may want to come to the court to see if an answer has been filed. You should bring the original completed summons and proof of service with you to file them with the court. If the tenants do not file a response to your complaint If the tenants have not filed a timely answer or motion to quash service of summons and complaint, you will need to file a Request to Enter Default, a clerk's Judgment for Possession and a Writ of Possession. These forms may be obtained from the clerk's office or through the Judicial Council's web page. Once you give the completed paperwork to the clerk, you will receive the documents that you will need to take to the Sheriff's Department, Civil Division, to complete the eviction. You cannot evict the tenants yourself. If the tenants do file a response to your complaint There are a variety of options available to the defendants, including filing an answer or a motion in opposition to the complaint. In most cases, an answer will be filed. When an answer has been filed, you will need to file the original proof of service and a Memorandum to Set Case for Trial. The Proof of Service address must be as listed on the Answer. The court will mail you a notice regarding the trial date once it has been scheduled. You should receive this notice in about one week. Here is the link where I also found the above information. Depending you where you live, it could be different. Hope this helps you.....................................… :-O

Question: I wanted to know what a notice of correction and proof of service is (vehicle code 40505)? I don't understand what it means and tried understanding the vehicle code but still do not get it.

Answer: You've apparently been ticketed for a defective vehicle; you need to have the mechanic fill out a notice of correction and proof of service to take to the police to prove you had the defect corrected.

Question: In discovery phase, can defendant file own proof of service in California? I am sending responses to Requests for Admissions, Interrogatories, & Production of Documents to the plaintiff's attorneys. These do not need to be filed with the court. I was told by an attorney that I can sign my own proof of service in the discovery phase, though that is not the preferred method. Is that true?

Answer: Yes you can sign your own proof of service, service can be waived. Each side has a right to service of process, but that right like many rights can be waived. If the other side said that you never sent your answers, they would file a motion to compel and your side would answer that motion saying "we sent them, but we will send them again with service of process". It would be a dastardly tactic to say "we never got them". It won't get your case a default judgment, but it could delay things. Delay usually hurts the plaintiff. The plaintiff wants to get things moving so there is little reason for them to pull something like "we never got the answer". Service was already made on the pleadings and that is what matters. Attorneys work on reputation. I doubt these lawyers will put their reputation on the line by resorting to stupid procedural tactics rather than allowing the case to be heard on its merits. It's better to be safe than sorry is what your lawyer is telling you. Chances are, nothing will happen if you sign your own service because the plaintiff really wants those documents. Then again, there are a few spineless lawyers out there that try to give the ethical ones a bad name.