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Filing contempt of court motion if other person refuses to be served.?
I have tried several ways to serve the other party including certified mail, having sheriff serve the papers. But the other party refuses to be served. The sheriff even tried calling the other person on the phone but they immediately hang after hearing that legal documents need to be served to them. The other party has moved to a new place. Can I file a contempt of court motion against the person?
4 Answers
- iansandLv 71 year ago
In most jurisdictions there is a thing called substituted service. You go to a judge, give evidence of attempts you have made to serve and proposed ways to bring process to the attention of the person to be served. The court will make an order that personal service is not necessary and tell you what you have to do to serve.
You should also check the court rules about modes of service. In my jurisdiction telling a person what the document is and putting it down in their presence is good service. The document does not have to be in the persons hands.
- martinLv 71 year ago
Yes, you can file contempt. Also, he can be served by publication in the newspaper and placed under arrest for contempt by sheriff's deputies.
- MorningfoxLv 71 year ago
Can you serve by publication? Or hire a professional process server, many of them are pretty good.