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How can I serve a party with a post judgment family law

Customer Question
How can I serve...

How can I serve a party with a post judgment family law motion when they are impossible to find and their ex attorney (and his partner) are deceased?

Lawyer's Assistant: Family law varies by state. What state are you in?

California

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. The motion is not support related so it doesn’t qualify for service by mail.

Submitted: 10 months ago.Category: Family Law
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Answered in 1 minute by:
9/28/2017
Family Lawyer: RayAnswers, Lawyer replied 10 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,804
Experience: 30 years as a family law lawyer .
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 10 months ago

It can be challenging here.You would use skip trace to try and locate him here.If you have a social that helps.

Skip trace

https://www.intelius.com/people-search?adword=skip+trace

Another one there is a charge around $150

This is your next step to try and locate them.

As a last resort you may need private investigator.

I appreciate the chance to help you today.Thanks and good luck here.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 10 months ago
The address location is already known but the person is never there since they travel around the world and refuse to cooperate with service.
Family Lawyer: LegalGems, Lawyer replied 10 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,864
Experience: Experienced Family Law Attorney
Verified

I see you requested a new professional; did you still need assistance on the above?

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Customer reply replied 10 months ago
No- I prefer a California attorney if possible.
Family Lawyer: Law Educator, Esq., Lawyer replied 10 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 126,713
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question.

I see you asked for a different contributor. I am a DIFFERENT CONTRIBUTOR.

Under CA law, if you can prove to the court that you have exhausted all reasonable means of finding the other party, which includes internet searches, private investigator, public records searches and possibly credit bureau inquiries even, then you can file a motion in court for "Service by Publication" which is where you publish notice of the action in the major newspaper in the last known place the party resided.

If you have something to serve on the party and you know where he is located, you can ask the court for alternative service of posting the notice at his residence and sending a copy by mail as well. Otherwise, you would use a PI to essentially "stake out" the residence to try to catch him home.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 10 months ago
Service by publication is commonly used for service of Summons but makes no sense for service of a POST JUDGMENT MOTION since motion dates are set in a matter of weeks and it takes months just to get permission to publish much less the time and cost it takes to run.
Customer reply replied 10 months ago
What I’m looking for is a way to get the court to waive the requirement of personal service for a post judgment motion (such as a contempt motion) due to the fact that the party is never home, lives alone, and avoids providing any information or cooperation.
Family Lawyer: Law Educator, Esq., Lawyer replied 10 months ago

Thank you for your reply.

It is used for anything where personal service is required. But your options here are limited if you want relief on your motion. A party bringing the motion has the duty to serve notice on the other party, so that is why all of your options were listed above and those are really the only legal options that exist in CA. If personal service is not required for your motion, then you can simply mail it by first class mail and fill out a proof of service form with the date and address it was mailed to and you have satisfied the CA service requirement.

The court will not "waive" the requirement, they will provide for alternate service, because that is what the Rules of Civil Procedure require and that is also what the constitutional provision of due process requires, a notice and right to be heard.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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