Q: In VA. Divorce- Complaint ent to def. by sheriff and was posted. Def. gave no response after 21 days...what do I do now?
Judge says i did not properly serve the complaint on the defendant.
A: If you have verification that the Complaint was served by the Sheriff, it is possible that the certificate of service from the Sheriff did not make it to the Judge's file? Or was there question about the address? There is also a general requirement to follow posted service with a mailing. Without more information, it is difficult to understand why the service wasn't accepted. That aside, you are allowed have the Complaint served again--this time perhaps by a private process server and served to the defendant personally. Our best to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
