Q: Past the deadline to personally serve. Was only given two days to serve. I don’t know the other party’s physical address
I’m respondent. I requested continuance due to petitioner’s late service. I was granted continuance on 7/16, but fl309 shows that I have to serve her in person by 7/18 maybe because original
Court day was 7/22.
I’ve tried to set up meeting with petitioner arranged with my friend to come with me so he can serve her, but she said she can’t make it due to her illness. I don’t know her physical address so I asked her, but she said she doesn’t want to disclose because I’ve called welfare check before for suspicion of child abuse which she calls it false report.
2 days passed by and now I’m late for personal service.
What should I do. Also how can I ask court to do mail service (I have her mailing address which is her mom’s address) or service by posting instead of personal service?
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A:
You should file an "Ex Parte Application for Order for Alternative Service" with the court. Explain that you were unable to serve the petitioner in person because you do not know her physical address and she refused to provide it. Detail your efforts to arrange a meeting for service and how the petitioner’s refusal has made personal service impossible.
In your application, request permission to serve by mail using the petitioner’s mother’s address or by posting notice at the courthouse. Attach any relevant documentation that shows your attempts to serve her and her refusal to disclose her address. Mention that the petitioner has previously avoided service and that you need an alternative method to ensure she receives the necessary documents.
Make sure to act quickly, as delays could impact your case. Submit your application to the court as soon as possible and check for any specific local rules or procedures that may apply. You may also consider consulting with a court clerk for additional guidance on how to proceed with your specific situation.
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