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關於如何遞送文件(SERVING PAPER)(本文應當被任何地主保留做經常參考之用)

(2017-04-15 10:00:11) 下一個

關於如何遞送文件(SERVING PAPER)

 

以下是正確的投送文件的程序。你所在的地方可能不需要這裏列出的所有步驟,但是照這個去做任何法庭不會給你麻煩。要知道,投送程序不對,或者AFFIDAVIT OF SERVICE 不合程式,馬上會被法官踢出去,你還得重新交錢排期(和投送文件。。。)

1. Get some body to serve the paper. The person can not be you, or your family member; can not be another person living in the same building; can not be another person related to the tenant.

2. If the person is not there, you have to try at least 3 times before leaving it on the door. These 3 times must be at different times of the day, and at least one of them during the weekend. You need to write down the date and time of such attempted services on the Affidavit of Service.

3. If you find the person(defendent), write on the Affidavit of Service the date, time, and location of service, with the description of the person such as sex, age, weight, height, hair color, and any other noticeable features in appearance. 

4. Also mail in Certified Mail (do not use return service) to same person and address. Attach a copy of receipt with date and time stamp to the affidavit of service. You can also mail by first class, but I don't insist on that.

5. Person serving the paper must personally sign the affidavit with a notary public. The paper work should be in a format with space at bottom for such purpose.

6. Each adult at the address requires separate service and affidavit. Exact spelling of each name is needed.

7. If it is a court paper, the time window to serve is between 12 to 5 days before the court date. The affidavit of service has to be returned to the court clerk prior to the court date. To be safe, I would do it 5 days before the court date. 

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