lthomas820
New
Reged: 11/27/07
Posts: 1
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Filed papers but my spouse claims he never received them and consequently, legal notice has not been served. My lawyer indicates that is correct since IN law does not require personal serving of papers. They can leave them hanging on a front door or with a receptionist. This seems insane, even for the backward State of Indiana. Any advice??
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Samsung
Platinum
Reged: 06/14/07
Posts: 2019
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Have him legally served this time. It doesn't cost much. In my area, the sheriff does it within a week, and it costs $30.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
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In General. Service may be made upon an individual, or an individual acting in a representative capacity, by:
sending a copy of the summons and complaint by registered or certified mail or other public means by which a written acknowledgment of receipt may be requested and obtained to his residence, place of business or employment with return receipt requested and returned showing receipt of the letter; or
delivering a copy of the summons and complaint to him personally; or
sending a copy of the summons and complaint by registered or certified mail or other public means by which a written acknowledgment of receipt may be requested and obtained to his residence, place of business or employment with return receipt requested and returned showing receipt of the letter; or
serving his agent as provided by rule, statute or valid agreement.
Copy Service to Be Followed With Mail. Whenever service is made under Clause (3) or (4) of subdivision (A), the person making the service also shall send by first class mail, a copy of the summons without the complaint to the last known address of the person being served, and this fact shall be shown upon the return. Amended Dec. 7, 1970, effective Jan. 1, 1971.
From the Indiana rules of civil procedure , Rule 4.1. Summons: Service on individuals
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Retsparf
Silver
Reged: 09/13/07
Posts: 67
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I have been served some papers by the local constabulary (in Indiana) - they left it in my front door. I've also receivedd them via letter - unsigned. You're going to want to send these letters by certified mail at the very least or get someone who will get you a signature. The sheriff doesn't guarantee a signature in my experience.
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judylee
Platinum
Reged: 10/19/07
Posts: 299
Loc: Indiana
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My lawyer refused to serve my STBX by certified mail and he owns an excavating company and is usually all over the county while working so my lawyer's sending the papers to his lawyer who will accept service. Indiana is a bit backward.
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