When you serve by mail, what makes the serve official?

I was given permission to serve my husband by mail. I had to do a first class package and I had to send a package with a return receipt. Now I know he did not sign for the return receipt because it came back but the first class regular one has not yet. If he didn’t sign for the one but the other one which he would recieve in the mail has not came back to me so I am assuming he got it is he legally served? By the way, I sent this stuff back last month, have been tracking it and everything got to him on the 31st.

Asked on August 20, 2012 under Family Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the law, if there is service by mail and the item is placed in a United States mail box pre-addressed to the recipient with postage pre-paid and the item does not come back to the sender, it is presumed under the law that the recipent received what was sent under the evidence code of all states in this country.

If there is no answer to the presumed summons and petition for dissolution by your spouse within 45 days of mailing, you may want to consider taking his default. I suggest that you consult with a family law attorney for further guidance in your matter.

 


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