Q: If my husband, who is deployed, is served in a civil matter at our residence, am I legally required to accept for him?
Florida. His ex-wife filed some paperwork related to custody and I am not comfortable signing for legal documents on his behalf (I do not have a power of attorney during his deployment). Am I legally required to do so or can I decline?
A:
Vald service of process doesn't depend on whether the person the process server hands the summons to agrees to accept it. If the process server gave the summons to the person who answered the door, and the defendant's residence, the defendant has been served. You shouldn't be asked to sign a receipt.
People on active duty in the military service, however, enjoy certain protections from having judgment entered against them. See the Servicemembers Civil Relief Act (“SCRA”), 50 U.S.C. App. §§501-597.
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