Q: When a person serves the response to the plaintiff are they aloud to give the papers to anyone and not in envelope?
The person who did the service gave the packet of court documents to a person that isn't a resident in the household they were not in envelope and they just handed to the person and walked away not even asking for the person named on the documents. Is that a legal to be considered served? Or would it be considered non legal way of service? It is a child custody order in family law case
A:
In California, the rules for serving legal documents, especially in family law cases like child custody, are quite specific. The method of service must comply with the California Code of Civil Procedure to be legally valid.
For personal service, which is the direct delivery of court documents to the person named in the documents, the server must identify the person being served and hand the documents directly to them. This is to ensure that the person receives and is aware of the legal documents.
If the person serving the documents handed them to someone who is not a resident of the household and not the intended recipient, this would generally not be considered valid personal service. The rules are designed to ensure that the person who needs to respond to the court documents is fully informed.
However, there are other forms of service, such as substitute service, where documents can be left with someone else at the person’s residence or place of business. Even in these cases, specific procedures must be followed, like attempting personal service first and mailing a copy of the documents to the intended recipient.
If you believe that the service of your documents was not conducted properly, it's important to bring this to the court's attention. You may wish to consult with a legal professional to understand your options and how to address this issue in your case.
Remember, proper service of legal documents is crucial for the fairness and legality of the legal process. If there are concerns about how documents were served, addressing them promptly is important to protect your rights in the legal matter.
1 user found this answer helpful
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.
