How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attorney Wayne Your Own Question
Attorney Wayne
Attorney Wayne, Lawyer
Category: Family Law
Satisfied Customers: 1506
Experience:  Practicing Law Since 2000
23192590
Type Your Family Law Question Here...
Attorney Wayne is online now
A new question is answered every 9 seconds

When serving another person with a personal proof of service

This answer was rated:

When serving another person with a personal proof of service form FL-3330, can the person be served by another party (not me) at the courthouse? Is the courthouse location ok for personal service. My ex and I have court tomorrow and my friend is going with me and will serve my ex. Please advise

Attorney Wayne :

PLEASE DO NOT use the rating system until satisfied. Instead, please click CONTINUE CONVERSATION for more info. Thanks for contacting us.

Attorney Wayne :

You raise an interesting question. The only issue about where one is served is to be sure the server is not illegally in a place. This does not usually happen -- but if it does, there are trespassing or other criminal concerns (breaking and entering, etc -- you get the idea). Another possible concern is violating a restraining order. But these are more unusual instances. As for the legitimacy of service, service is not deter

Attorney Wayne :

the legitimacy of service is not determined by the place, but by the actual notice the service provides. In you hypothetical, if someone is at the courthouse, and is properly served then service is effected for due process purposes.

Attorney Wayne :

In essence, this question requires 2 analyses:

Attorney Wayne :

(1) whether the person was effectively served with the papers and (2) can the process server get arrested for being someone without legal authorization. Part 2 has no effect on the legitimacy of the service -- but can be unpleasant for the process server if he or she gets arrested!

Attorney Wayne :

I wish you all the best for resolution in this matter.

Customer:

I'm sorry but your answer was complex. Let me simplify my question. Can my friend legally serve papers to my ex at the courthouse (not in court), but rather in the hall or waiting area, etc. of the courthouse. Please provide a basic response of yes or no. Thank you

Attorney Wayne :

Yes, if he is legally in the courthouse.Otherwise he can be arrested. You can serve papers anywhere.

Customer:

Thanks.

Attorney Wayne and 6 other Family Law Specialists are ready to help you