How to tell the court the person who you accepted service for does not live at the house?

UPDATED: Jun 26, 2012

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How to tell the court the person who you accepted service for does not live at the house?

While I was at work, a process server came to my home looking for my wife. We are separated and we are living apart until we can determine the status of our marriage. We though best to keep the children out of it until we know for certain. The process server gave my child, 17 years old, the paper. He asked if my wife lived here and he said yes. And the process server ask my son his age and he told him. What can I file at the courthouse to inform the court that my wife and I do not live together. She is in another country and that I can not accept service for her.

Asked on June 26, 2012 under Bankruptcy Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The best way to try and resolve the improper service of process issue that you have written about is to prepare a declaration to be signed by you under the penalty of perjury stating the facts that you have mentioned in your question and have it filed in the court case against your wife after it it served on the plaintiff with a dated and signed proof of service attached to it.

You need to sign the document as well as date it. It is best that you have an attorney who practices in the area of consumer law to assist you in preparing this document.

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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