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God of Thunder and Rock'n'Roll
archmage
18 May 2011 @ 02:06 pm
*headdesk*  
For fucks sakes....

OK, so, D got hold of me a week or so before the court date, says there's some document hat she needs to send me and can she have my address. I give it, and ask about the document, and it turns out to just be a declaration of the court date. Well, it never shows up. I let her know, and she says she'll arrange to have another sent, just for records and to keep it all legal, etc.

Today, it shows up...except, it's NOT the document in question, it's a note (sent by her, not by the process server), that is signed by the process server, claiming that I was served said document by mail...WHICH I HAVEN'T BEEN. On top of that, it claims I was served this by mail on 4-27, and what i was served was a document dated 5-12. Wanna tell me how you served me this two weeks before it was dated?

Is it just me? Is there some reason this wasn't just done by certified mail in the first place? Is it so fucking hard?
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Mari Adkinsmariadkins on May 18th, 2011 06:25 pm (UTC)
sounds like someone is trying to pull something slippery ... :(
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God of Thunder and Rock'n'Rollarchmage on May 18th, 2011 06:32 pm (UTC)
Nah, just stupid. In the original e-mail, D had scanned the document, and I only didn't keep it since the original was supposed to be on it's way (bad move on my part, I know). The dec. of service says it was mailed, and, legally, that's all that matters. It's just a comedy of errors...and one i'm happy to be done with. There's really nothing slippery that can be pulled on me.
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Mari Adkinsmariadkins on May 18th, 2011 06:56 pm (UTC)
that's a blessing {hugs}
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Steve Hutchisonfoomf on May 18th, 2011 07:05 pm (UTC)
It's just you. Also, the process server screwed up because (1) a document isn't actually served unless it's in the hand of the targeted recipient, and (2) the process server is (if it were important and came to court) not actually allowed to take Diane's word for it even if that were the case; a receipt for the certified mail would meet the requirement though.

As for why no certified mail? A couple bucks that Diane didn't want to spend, or she wasn't there during the post orifice hours when they could issue the certificate.
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Baracus Naturalmadeofmeat on May 19th, 2011 02:36 am (UTC)
The more I read about how actual legal machinations work and how often things screw up, the more I think it isn't lawmaking that looks like a sausage factory.
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God of Thunder and Rock'n'Rollarchmage on May 19th, 2011 11:16 am (UTC)
Ain't THAT the truth.
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syrinakintarisyrinakintari on May 23rd, 2011 04:51 am (UTC)
I don't know. When we served Phillip with his divorce papers they actually had to be handed to him in person by a process server. The lawyer told me that even certified mail was not considered legal proof if he actually tried to contest anything.

That was why dad and I ended up having to go along with the process server to deliver it b/c Phillip was acting so weird by then that the lawyer and his sister both figured that their was no way he was going to open the door for someone he didn't know.

So yes it is very weird but as long as the courts sign off on the papers you should be okay. After all she can hardly argue that she didn't know about the proceedings since she is the one who set them up and presumably went to the court date.
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