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Asked 2/11/2008

Refusing to be served contempt papers

The defendant in a contempt motion (post divorce) refuses to be served. The sheriff made seven attempts and he refused to answer the door. What is my next step? He is refusing to pay for medical and school related bills (which the court ordered in the divorce). HELP!

 
 
 
 
Answers

Answer 1/5 - Submitted 2/23/2011

The next step is to hire a private process server to serve this guy as he's walking to his car, or at his place of employment.

More dilligence will solve the service issue.

 
 

Answer 2/5 - Submitted 2/25/2011

Unfortunately, this is a common situation in cases like this.

If he's working this hard to avoid being served, do you really think that he'll pay the bills after he's served? Probably not.

I know this isn't the answer you're looking for, but I'd probably just give up eventually.

Does it cost you money each time a sheriff attempts to serve him? I've heard it can cost up to $100 for each attempt, but that's in Missouri. Save your money and pay for your kids yourself. Unless the medical bills and school costs are for yourself?

 
 

Answer 3/5 - Submitted 3/7/2011

Is he working? I would get information about some PUBLIC place that he is regularily in and try to get him served there. Hopefully, the embarrasment of running and hiding would be enough to get him to gracefully accept the serving. Once he goes to court, hopefully the judge will make the effort to force him to pay.

This is regarding his child or children, for goodness sake. What a jerk. I'm sorry that you have to deal with that.

 
 

Answer 4/5 - Submitted 3/7/2011

I would try a privet process server. I don't know about your state but in mine anyone can serve him as long as they are over 18 and not involved in the case in any way. You could have your brother serve him over here. You could have your mother in law serve him if she'd be willing. You could send him flowers and add the papers with the delivery and have the delivery guy serve him. Get the picture? Look into your state laws and see if you have to use an actual server. Once your papers are served if he doesn't show up to court and fight it then his checks will just be garnished just like child support and he won't have the option not to pay it. You got to be careful who's advice you take on here because you never really know someone's background. Good luck!

 
 

Answer 5/5 - Submitted 3/7/2011

You need to check your state's laws, every state is different. You might be able to present to the court that ordered the payments proof of attempts and they might issue and order to his employher to attach his wages.

 
 
 
 
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