Re: Serving of Process -- Not correct?
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Posted by LadynRed
(68.52.43.214) on March 06, 2004 at 16:55:11:
In Reply to: Re: Serving of Process -- Not correct? posted by Rusty on March 06, 2004 at 14:19:55:
I'm sorry, I responded to the CO law rather than the MS law. However, MS law DOES allow for service to another person : "(1) Upon an individual other than an unmarried infant or a mentally incompetent person, (A) by delivering a copy of the summons and of the complaint to him personally or to an agent authorized by appointment or by law to receive service of process; or (B) if service under subparagraph (1)(A) of this subdivision cannot be made with reasonable diligence, by leaving a copy of the summons and complaint at the defendant's usual place of abode with the defendant's spouse or some other person of the defendant's family above the age of sixteen years who is willing to receive service, and by thereafter mailing a copy of the summons and complaint (by first class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after such mailing." The only glitch I can see here, is that it says the person over 16 must be 'willing to receive service" - you were NOT willing. Are you the father ? If so, its quitely likely the dimwit process server had NO clue that the male person on the summons was not YOU ! If you're the mother.. well, then the process server most certainly IS a moron !!
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