Is it legal for a summons to be served by sticking it inthe front door of your home?

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Is it legal for a summons to be served by sticking it inthe front door of your home?

I arrived home to find a court summons for my wife from a bill she had with her ex-husband. It was stuck in the front door. I thought that they had to give it to a breathing person of adult age. Also, is there anything that can be done about her ex not making his car payment and so they came and started to garnish her so I got a loan and payed a lower settlement with them. Problem its high interest. He wanted the jeep in the divorce and let it get taken away. Plus, he is supposed to carry health insurance and never has. We pay for it. Is there hope to get this loser to do what he is suppose to?

Asked on January 28, 2011 under Bankruptcy Law, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First the summons.  Most states permit a summons and complaint to be served by substituted service - nail and mail as some states nickname it - if there have been previous attempts to serve personally or to an adult and they have failed.  So expect that you may be getting another in the mail.  As for the issues with the divorce settlement, that is a contract as between your wife and her ex.  If he is not living up to his end of the contract then she can sue him based upon the agreement.  Get together all your proffo and have her go and seek consultation from ana ttorney.  Do so soon.  You seem to have to constantly deal with these matters and you need them resolved once and for all.  Good luck.


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