Could I be served papers that are for my spouse?

UPDATED: Dec 19, 2011

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Could I be served papers that are for my spouse?

Someone came to my door and serve me with the court papers for my husband.

Asked on December 19, 2011 under Bankruptcy Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

For a definitive answer, you would need to repost your question with the state you are in, since the rules for service of process are set on a case by case basis.

That said, in the states with which I am familiar (e.g. NY, NJ), it is proper service if the papers are left with a person of proper age and discretion residing with the person to be served. The wife of the person being served would certainly qualify, making the service legal. I'm not aware of any state that would not find this proper service, but again, if you repost your answer, someone can double check the specific state rules for  you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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