Service By Publication

Question: What is the order for service by publication? My Default was returned, saying that the Order for Service by Publication requires mailing and I don't get what is it that I need to mail back to the court? I did the Summons by Publication in the paper and they got the affidavit, so what is this other form they want/need? I'm so lost and confused. I have not seen my "husband" in 14 years, why on earth is it so hard to get a darn divorce?. Please help

Answer: Call the court house and ask the clerk what the procedure is for service by publication. They will tell you what court forms you need to file with the affidavit. Good Luck.

Question: I am filing for divorce, I need to do something called service by publication, how much does this cost? I went to the court house today to get my divorce papers, I have not seen my husband in 6 years, we have nothing in both our names, no property and no children, thank god. But the clerk told me that she heard it's expensive to put the ad in the paper for the service by publication. I need to run the ad for 3 weeks, but is it really THAT expensive??

Answer: why don't you call your local news paper and find out?

Question: what is the difference between service by publication and service by post? in the cook county clerk court....? are you notified by mailed as to what publication its posted in?

Answer: Service occurs when the court notifies you that a lawsuit has been filed against you. Service by post is when the notice comes in the mail. Service by publication is when the notice is published in a local newspaper.

Question: Service by publication (only people who know please)? Okay, I'm learning more about this "service by publication" method. I am trying to serve my stalker in CA but she moved, she is harassing me and we do not know where she moved to - so I don't need any "ideas" of how to serve her, I've exhausted them all. I'm just looking if anyone knows the "service by publication" process. I read that I have to post the ad for four weeks in the local paper. Do I request this to the court by phone or do I show up for my scheduled court date and request it? I"m not sure what the process is to get this okayed and started so anyone who actually knows, please help me out. I'm just looking for people who know, not guesses, thanks. Beep: You're telling me how to set it up with the paper. I want to know how to set it up with the court. Morgan: How do I get the court to say it's okay to do the Service of publiction? I have a court date set up for my restraining order. I only have a couple mroe days to serve this person and we don't know where she lives, we've exhausted all options. So my restraining order is no good until I can serve her. How do I get the court to say "yes, you can do the publication service?" Do I call them, show up for my court date and ask, just go down and ask? How do I get the court to say "now you can do publication of service?" I'm in No. Ca.

Answer: Please call the clerk of the court and ask them, Every local jurisdcition has their own local court rules for this procedure including which publications and how long and how big and what type of case it is. What do you mean: set it up with the court?? Beep told you; you recieve proof of service; then when the person violates the order, and you call LE and the arrive you show them the proof and the arrest the person. Then they get a court date and it all gets "hashed out". Ok I don't know the local rules there, You need to call the lcerk of the court and ask her "even if" you can serve a RO by publication (you cannot in my jurisdiction) and then, if you can, you need to inform the jduge at your court date that LE has been unable to locate her/him (youhave to try at the last knwon address even if it is 4 years old; at least you would here) so LE can say they actually efforted the service. Perhaps that court won't require that effort. Ok so now she is not served, You explain tot he judge and ask the court's permission to serve via publication. The reason this isn;t usedhere is because it takes too long!!!! 3 or 4 weeks and bad stuff can happen!!! so, since you are a few days away from court just explain your dilemma to the court, ask for the courts help (we are not monsters : ) ) remind the court of the circumstrances ( you are pro se I gather) keep copiesof everthing with oyu at all times, so if you have contact with this person and you call LE , you can support your fear with the record even without an order. email me if i can help more. the clerk of the court is your best source and most are cery helpful and know eaxh judge and what they want fron the parties.

Question: What do I need to do for service by publication? I'm trying to divorce my husband, but I have no idea where he is. What do I need to do for service by publication? I've already mailed a certified letter to his last known address and have contacted his mother and cousin, and they don't know where he is either. I've also done some web searches using his name, but nothing substantial comes up. I just want to make sure that I've exercised "due diligence" so my case doesn't get turned down. I'm trying to divorce my husband, but I have no idea where he is. What do I need to do for service by publication? I've already mailed a certified letter to his last known address and have contacted his mother and cousin, and they don't know where he is either. I've also done some web searches using his name, but nothing substantial comes up. I just want to make sure that I've exercised "due diligence" so my case doesn't get turned down. Edit: Thanks for all the answers. Just to elucidate, what other steps can I take to make sure that my request for service by publication doesn't get turned down? What is considered "due diligence" in the eyes of the court?

Answer: Call your local newspaper. Rules vary by state. Tell them you want to place a legal ad and all of the clerks will know your state laws and will help you.

Question: Florida Divorce - Service by publication? How does the judge decide the property distribution if the divorce papers were served by publication and the other party does not respond? I have a house in both our names, I pay for it all myself, but will I have to give my ex half even if she does not show up?

Answer: the judge will make his decision on property distribution based on state law UNLESS you petition for full ownership and the defendant is a no show at that point it's his decision ( but don't get your hopes up - even if you get possession your spouse can get a new hearing in most cases ) in service by publication you must show a good faith attempt to locate your spouse ( if you have a mutual acquaintance who would know his location you must inquire and you must have attempted to serve him at his last known location ) ( lots of times not asking a mother-in-law where her son is will get a judgment overturned - good faith effort !!! )

Question: I filed for divorce in Tennessee yesterday, I had to do a service by publication? Does anyone know just how long this will take in Tennessee before it is final. I want this behind me today!!!!!!!!!!!!!!

Answer: On an uncontested divorce in Tenn, I am under the belief that it can be accomplished in as little as 67 days. However, when you publish for service, there is an additonal time needed for this procedure, which may be an additional 4-6 weeks of publication, then setting a hearing if there is no reponse within those time limites to the action. The hearing would then be held in approx., 20-30 days, and normally the final will be granted on a default basis. check with your clerk, once your publication is completed, they will then give you the required forms to file your default hearing and don't forget to obtain a form for findings and orders after hearing and finanl decree

Question: In I&T Shop Service by Technical Publications, is "N.m" the same as "foot lbs."? The I&T Shop Service, Ford Shop Manual give torque in 60-65 N.m. Is that the same as "foot pounds"?

Answer: its close, but not the same. Nm stands for Newton Meters.

Question: Valid proof of service thru News Paper? Approximately 3 months ago somewhere in on the East Coast there was a legal cases where a person had a default judgment against them and it was due to the fact that they plaintiff posted the notice in a local news paper. The defendant never saw the notice and was not aware of the court action. When he file a motion to vacate the default judgment for improper service the Judge agreed because proof of service by publication is Valid as long as the defendant does not dispute the outcome. The judge also ruled that the use of service via news paper is out dated and was used 50 plus years ago before the internet and Other services as well as news paper are a dying breed, The publication was in some aspects obsolete. Does anyone know this Case or one like it??

Answer: yes. there is a valid proof of service through newspapers.

Question: Can anyone give me any pointers on filing an Affidavit of diligent search for service by pulication? I already filed mthe divorce petition, but had to go the publication route because i can't locate my spouse to serve papers. before the judge will sign my order for pulication i have to show proof of diligent search. I already turned in paper i thought would suffice, but he said i must be more detailed and amend the original affidavit before he will grant the order. any help or suggestions would be greatly appreciated. I've heard even an attorney has a difficult time with this procedure, but i've got this far pro-se and refuse to give up now.

Answer: Don't give up. You can keep up trying with the papers and soon you will be able to get the divorce without serving him..............

Question: In GA, what can you do if your lawyer caused your case to be dismissed and he didn't tell you? My lawyer told me that the judge was going to let him attempt service by publication, and then the insurance company would have to settle with me. I just found out that the case was dissmissed because my lawyer did not serve the defendant. The lawyer has not responded to me, and he never notified me about the case being dissmissed.

Answer: Complaints Against GA Lawyers -- All Georgia lawyers must follow the rules enforced by The Georgia State Bar Association (800) 334-6865. For the rules and regulations lawyers must answer to, click here: http://www.gabar.org/handbook/part_iv_af… The Georgia Bar can suspend lawyers for wrongful conduct and can even expel them from the legal profession. For minor grievances such as a lawyer's failure to return your files or phone calls, contact The Consumer Assistance Program (CAP) http://www.gabar.org/programs/consumer_a… or call(404) 527-8759. If you wish to file a formal complaint against a lawyer, have CAP to send you a "grievance form" and file it with The Georgia State Bar Association. http://www.gabar.org/ Aid From The Client Security Fund If a lawyer has cheated you, the State Bar Client-Security Fund 9http://www.gabar.org/handbook/part_x_-_c… may be able to reimburse you up to $25,000 for your loss. To set the process in motion you must first file a claim against the attorney with the State Bar. Call (800) 334-6865 for more details. You could hire another attorney to go after this guy for legal malpractice. Almost any trail lawyer would be good.

Question: Flex Spending Account - DATE OF SERVICE or by DATE OF PAYMENT.? I recently signed up for an FSA Flex account with my employers new outsourcing company. The FSA account started Nov 1 2009 and ends Oct 31 2010, so my wife had surgery in Sept 2009, so I submited our insurance deductable amounts that has been payed in November 2009, to claim them. The outsourcing company said that Per our FSA plan, the expenses have to be incurred in the benefit plan year. The dates when the expenses are paid, are not considered, and only the date of service. I read on the IRS website As per IRS publication 502 - "You can include only the medical and dental expenses you paid this year, regardless of when the services were provided." Can the outsourcing company choose what they are going to cover by DATE OF SERVICE or by DATE OF PAYMENT. HELP!

Answer: FSAs use service date and plan year. In this case, your start date is 11/1/2009. You cannot use the money retroactively. No tax benefit is supposed to work retroactively. Since you will have to pay the money in 2009, you can itemize it on schedule A if the amounts are high enough to make a difference. The schedule A goes by date of payment.

Question: 1.Service of process (summons) is traditionally achieved by: (a)long-arm statute (b) service in absentia? c. personal service d. publication e. substituted service 2.The legal issues in a business dispute are typically a. less complex than in most non-business dispute b. of similar complexity to most non-business disputes c. more complex than in most non-business dispute d. procedurally more complex than non-business disputes e. less complex because fewer expert witnesses are needed 3.Despite the broad scope of the First Amendment right of freedom of speech, newspapers are not free to print a. truthful stories that harm a person's reputation b. truthful stories that harm a business' reputation c. stories of questionable truthfulness that cause no harm d. statements it knows are false that defame someone e. print any stories degrading members of Congress 4.Specific performance refers to a remedy when the court requires the defendant to place the plaintiff back into the economic position they had before the injury in question was inflicted. a. True b. False

Answer: c,c,d,false

Question: Wife is threatening me - what to do? My wife left me almost 4 months ago. I haven't seen her, but she sometimes calls (blocking her number) to aggravate me. I stopped answering the calls a few weeks ago and filed for divorce. She doesn't know I filed divorce unless she saw her name in the paper (service by publication). Yesterday, she called and told me that she wants a whole list of stuff (that I paid for) and all my savings. She said if she doesn't get her way she will go to the police and tell them I abused her (I never did abuse) and get a restraining order to remove me from my house. The house is paid and in both our names. I paid for the house and everything else. She refused to work and came with zero to her name. We've been married less than 4 years. Can she do this? Any thoughts on what I should do? I live in Florida. Is it a community property state? I'm told it's a no-faulty divorce state. Whatever that means. I filed myself, so I don't yet have a lawyer. I guess I should find one quickly.

Answer: OK you need to do several things. First don't answer her calls. Find out if the state you live is in a community property state. If so get a lawyer quickly because she is going to take half of everything you own, even though you paid for it. Don't give her anything until it is court ordered. Don't worry about the abuse crap. She will have no evidence and if she has been gone for months they will ask her why is she claiming abuse now. If you can tape her conversation the next time she calls and try to get her to repeat her statements. Then contact a lawyer and find out if the tape will be admissible in court, states differ on those laws. Hurry!!!!!

Question: Crap! Wife came back!!? My wife left nearly 4 months ago. I filed for divorce via service by publication because she won't tell me where she was living. She found out about the divorce preceedings and came back. She's spent all her money while away and asking me for help. She says she's still in love with me, but I've had it and want this over ASAP. What can I offer her to encourage her to sign all the papers and go away? My house in both our names, I paid for it all and want her to sign it over to avoid a court battle. What would you take if you had no money or a placeto live? I am thinking of offering her my car and rent for an apartment for 6-12 months. Sound good? Cheaper than giving it to the lawyers.

Answer: start off with less than what you want to give. start with the car because it is something you can have proof of transfering, if necessary. make sure to document EVERYTHING! then, if she says no to that, then keep adding more & see if you can reel her in with that.

Question: Florida Divorce Question...? I live in Florida and been married for 3 1/2 years. My wife left over 3 months ago and I don't know where she is living now. We don't have any children. I began filing my divorce papers and am doing service by publication. I have not yet filed my financial affidavit. We have a house (paid in full) in both names and I have a large sum of cash is various bank accounts. I paid for everything myself(including the house), she refused to work and did not come to the marriage with any money. The cash is my life savings. My questions are: If she never comes forward, how will the judge split things? Should I cash-out my savings before filing the financial affidavit? Will she be able to get alimony? Any suggestions or advice? Thanks!

Answer: look florida is a no-fault state. which means there are no 50/50 when it comes to divorces. for a simple divorce, you go to the court house and apply for the divorce. i think the rate right now is 250.00 for it. they will in return publicsy the divorce in the newspaper for 30 days. especially since you dont know where she is at, this is like a public awareness for her. she has 30 days to condence the divorce. if she does not, you will be granted the divorced based on amandened ( she left you and you dont know where she is at). please email me at [email protected] because i need to ask you a few questions: was the house bought before you married? or while married? also the bank accounts: in both names? your name only? before married? during married? dont cash out your savings, because it can look like you were stealing money from the marraige regardless who's money it is. alimony also in the state of florida you need to show proof on her part, not yours. if she is able to work, the judge might just tell her to get a job. again we are not in california, arizona, . florida is much different when it comes to divorces. i have been divorced twice already. one easy one, one hard. email me i will give you more details.

Question: Missing Spouse Divorce in Virginia.? Hey there. I got married in November of 2004 and got separated in March of 2005. We were young and stupid and regret the whole thing. Since then, my husband and I lost communication and w have been living totally different lives. About a year ago, he called me to let me know he wanted a divorce and that we should meet up to get things straighten out. I tried calling him back but he had changed his number and was gone again. Now I have sent emails, divorce papers to his last known address and even left a message in his suppossed job and never heard from him again. I am trying to file a divorce and serve him by publication and this is where my question arises: I want to do a pro se divorce (do it yourself). have to file a Service by Publication Affidavit for which I found the forms in the Fairfax County website. I know I have to publish a legal notice in the Washington Post for 3 weeks, but who is drafting this legal notice? Am I writting it or does the court have a fill in the blanks form? What happens after the 3 week period? Do I file for a no contest divorce? Will the court set a hearing? Any one who has any usful info will get 10 points... thanks

Answer: You really need to get an attorney.

Question: Do collectors in the state of SC have the right to come on your property to post a legal notice on your door? Do collectors in the state of SC have the right to come on your property to post a legal notice on your door? Question Details: What are my rights as a consumer? What could I do about this situation? I do have intentions of paying them back but I just do not have it now. I feel like they are invading. Here is the notice: Please contact the Process Server listed below to make arrangements, We will be forced to do "Service By Publication". (meaning: This will be published in a local newspaper for service) Please help us avoid this process as it could result in additional fees to you. This is what they posted on my front door. They could have put that in the mailbox or something. I feel that they have already made it public by doing so in the neighborhood. Not to mention, they actually did this on a Saturday morning.

Answer: yes. The notice is a bit misleading as service by publication refers to an actual law suit, and is permitted only when they cannot find you to arrange personal service of the complaint. Still, they do not have to sit idly by and wait until you decide to pay and can take all sorts of efforts to collect the debt.

Question: Is there a way to search for divorce records online without having to pay upfront? I'm trying to see if my wife filed for a divorce or if it is final already. We have been seperated for a year with no contact and I don't know if she has filed or not. I haven't got served but she may have done a service by publication that I didn't know about. I'm trying to find this out because I recieved a notice for child support and don't know if it's attached to a divorce or if it was filed seperately. I've been searching for records online but can only find sites that require you to pay first without showing you whether or not there even is a record in the first place. I've tried a state court search but don't have the required case number. She is in Minnesota and I'm in Washington so I can't drive to the courthouse to check and I'm not even sure which county she is living in. If anyone can point me in the right direction it would be greatly appreciated.

Answer: YOu are not going to get anywhere without at least finding out which county you are looking for. Try asking the CYS people for a county where they are acting. Some MN counties have this info online; but you need to know where.

Question: I need to serve a missing roommate papers....? I have a roommate who has abandoned an apartment in which his name is on the lease. I can no longer afford to pay his portion of the rent and need to seek a small claims court judgment to recoup my losses due to his abandonment. I know he is living with his ex girlfriend, but I don't know where in town they are. What are my options to get him served? Service by publication? Whats the easiest route? Thanks everyone. I'm in Arizona...and I was hoping they had some sort of free advice available here...anyone heard of anything? Thanks again for all the great responses

Answer: You need a judge's OK to serve by publication, but without anything else, you don't have a choice.