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Irwin Law
Irwin Law, Attorney
Category: Business Law
Satisfied Customers: 6845
Experience:  30+ yrs. representing small business, real estate, probate
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What is the normal way to serve papers of a lawsuit to

Customer Question

What is the normal way to serve papers of a lawsuit to someone who is in care of, receives all US mail and forwards it , concerning US owned property , sister , who resides in Louisa Co. VA ? Actual defendant to be served resides in UAE. The civil lawsuit
occurred in Bucks Co. PA ,against a bank,but 1 of the 4 defendants is not in Bucks Co. ,resides in UAE. I just went to Sheriff office in Bucks Co. and they stated to contact Sheriffs office in Louisa Co. VA , concerning how to serve They definitely do not
serve outside the country. Called Sheriff in Louisa Co., VA and get a voice mail, without any callback?? What is normal procedure here??
Submitted: 12 months ago.
Category: Business Law
Expert:  John replied 12 months ago.

You have in theory two options but realistically only one. The first option would be to find a process server in UAE (if one such exists) send them your papers and have the person served. The real option however is to do a service by publication. There are details and forms for doing this at these websites:

http://www.fairfaxcounty.gov/courts/circuit/orders_of_publication.htm

https://www.pwcgov.org/government/courts/circuit/Documents/007914.pdf

Expert:  John replied 12 months ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

Customer: replied 12 months ago.
I do not have exact address in Dubai, UAE. I absolutely have forwarding address to his sisters address in Virginia. where he receives his US mail and is forwarded then to Dubai, UAE. She has his address in UAE. I do NOT. Let us please try to keep lawsuit in our country. USA. Sheriff in Bucks Co., PA, whom I spoke with personally today, including, prior,his multiple staff stated no US sheriff serves papers outside of this country. Please again keep in this country , USA, for an answer
Customer: replied 12 months ago.
An answer , please??
Expert:  John replied 12 months ago.

You need to follow the procedures in the links I provided to do service by publication, which basically means filing a notice in your local newspaper...it has nothing to do with taking your lawsuit out of the country.

http://www.fairfaxcounty.gov/courts/circuit/orders_of_publication.htm

https://www.pwcgov.org/government/courts/circuit/Documents/007914.pdf

Customer: replied 12 months ago.
Hello, John Research so important in law , as I follow what my lawyers do . Place of residence is on Lake Anna in VA . Spotsyvania , VA is county , not Louisa Co. VA. Fairfax Co. is no where in the scene. Where did you get that fromm ???May I have a second opinion please. Thanks any way
Customer: replied 12 months ago.
I know his sister receives his US mail in VA. What is the correct way for a Sheriff to serve , papers in VA?
Expert:  Irwin Law replied 12 months ago.

Good Morning Lynn: I am another expert here and I'll try to assist. You haven't said what your suit is about, except that it involves property. Is it specific real estate in Bucks Co. PA? Are the defendants the record owners of that real estate? That may be important in how the defendants are served.

Customer: replied 12 months ago.
Suit is against bank ,concerning home equity loans. Violation of PA Unfair Trade Practices and Consumer Protection law. Notary after 2 year state investigation admitted I was never in her presence, 3 different times. Her license as PA notary was rescinded. I am suing for $80,000 . This is the amount that I had no idea about., until 10 months later I saw home equity loans on my credit report. My lawyer states we are suing under tort laws. My ex husband is the one in UAE.
Customer: replied 12 months ago.
property is the home I live in PA.
Expert:  Irwin Law replied 12 months ago.

Does the suit involve title to the real estate? If so, an out of state defendant who has an adverse claim to title may usually be served notice by publication in a local newspaper. Also,

Sections 5323 and 5329(2) of the PA Judicial Code, 42 Pa.C.S. § § 5323, 5329(2), provide additional alternative procedures for service outside the Commonwealth. Customarily, the PA sheriff would mail the summons to the VA County sheriff to be served there.

A suit against a local PA bank would require summons to be served upon the bank's resident agent.

A damage suit in PA against your ex in the UAE is problematic at best. Jurisdiction for that usually is where the defendant resides. That is, unless the plaintiff can show sufficient connection with the U.S. state to give PA courts personal jurisdiction.

I hope this is helpful.

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