Single Parents

He's never home!

They have tried to serve my EX twice now and both times he was not home.  He works out of town with the oilfield so I never know when he is home or not and we haven't talked in 3 weeks.  I'm sure hid room mate has now warned him and so he will make it more difficult.  Has anyone ever ran into this problem when trying to have someone served? If so what did you do?

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Re: He's never home!

  • I didn't have the problem of my XH not being around, but he was served via Certified Mail just so I didn't have to worry about him being home. See if that's an option in your state.

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  • In my state they will serve the papers to a resident of the home as long as they are 12 yrs and older. My friends son (12) was served Her papers! Maybe they can serve them to the roommate?
  • I asked if they could serve his room mate because he has a set schedule, but she said that was not allowed.  I am in Texas so I will check into the certified mail.  What happens if they do not check their mail often? They live in a neighborhood where the everyone has one mailbox thing and use a key to get it out.  When we were dating he went 2 months without checking it.  hmm

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  • yes they finaly got him and then he ended up being served twice and i got charged twice. it sucks.
  • Yes, but when I told SD I'd have a sheriff come out to his house to serve him he did not walk, he ran to my lawyer's office to get the paperwork.  Apparently there was something around his house he didn't want a sheriff to see?
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  • Ask your lawyer about alternate serving methods.  They always prefer to hand it to the actual person, but there are several alternate mathods which vary by state. In the state where I took the bar, they could literally nail papers to the door and that counted. Sometimes they can even publish in the local paper. I don't think it matters if he checks the mail...just that you have confirmation that it was placed in his mailbox (if mail service counts in your state).

    What your lawyer is trying to avoid is him coming back and saying he didn't get enough notice, since that delays the process more than them trying to serve him multiple times.

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  • They also have private process servers. It is a little more costly, but I would guess that your attorney has someone that he uses when he has poeple that are hard to serve. There are many ways this can be done.
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