Q: mail service of response to request to renew DVRO was returned to sender due to mysterious address issue, what do i do?
Hi! I filed a response to a request to renew a restraining order and had service by mail performed this week. Server already filled out and I filed the proof of service document, however it looks like the actual envelope itself was returned to sender/the server due to an address issue. Correct address was used, so unsure how that happened. Do we need to contact the court or file any additional paperwork before attempting to send it again? Should there be a second attempt to get that sent? Just want to make sure we aren't doing anything wrong.
A:
Under California law, when a restraining order response is served by mail and the mail is returned as undeliverable, you should take the following steps:
1. Check the address: Double-check that the correct address was used for the other party. If there was an error, correct it and attempt service again.
2. Attempt service again: If the address was correct, attempt to serve the response by mail one more time. This shows a good faith effort to serve the other party.
3. File a declaration with the court: If the second attempt at mail service is also returned, prepare a declaration explaining the situation. The declaration should include:
- The dates of the attempted mail service
- Confirmation that the correct address was used
- The fact that the mail was returned as undeliverable
- Any other relevant information, such as previous successful service at the same address
4. Request alternative service: In the declaration, you can request that the court allow an alternative method of service, such as personal service or service by publication.
5. File the declaration and proof of service: File the declaration along with the proof of service for the attempts at mail service with the court.
It is important to document your attempts to serve the response and to keep the court informed of any issues that arise. The court may provide guidance or grant permission for alternative service methods to ensure that the other party is properly notified of the proceedings.
If you are unsure about the process or need legal advice specific to your situation, it is recommended that you consult with a California family law attorney.
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