question regarding if I am emailed a summons

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question regarding if I am emailed a summons

Unread postby CTDad » Wed Nov 08, 2017 4:48 pm

CT is the state

I am representing myself.

My EX is using a lawyer. They are now emailing me rather than serving me papers via a marshall. This is for post judgement matters. Divorce was final.

From what I gather they need to use a marshall. Is there an official way to make them follow this rule?
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Re: question regarding if I am emailed a summons

Unread postby BartSimpson » Wed Nov 08, 2017 4:56 pm

Opposing counsel is entitled to serve you notices by email, if OC would be entitled to serve your attorney the same way according to the Rules of Civil Procedure.

Only the initial notification of a matter requires personal service, further notice may be sent USPS First Class Mail and most Courts have adopted the same Procedure for Electronic Service.
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Re: question regarding if I am emailed a summons

Unread postby TJinCA » Wed Nov 08, 2017 5:31 pm

Is there a practical reason that you'd rather have them send someone to your house to hand you an envelope rather than accept service by email?
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Re: question regarding if I am emailed a summons

Unread postby CTDad » Wed Nov 08, 2017 5:42 pm

thanks

yes there is a reason. I have to pay to do it when I bring my motions to the court. Now she can just fire away via email? If you are forced to pay a marshall $100+ each time, it discourages the NJ from filing garbage that makes me waste days off from work.
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Re: question regarding if I am emailed a summons

Unread postby Trevor » Wed Nov 08, 2017 5:57 pm

Read Bart's post again. You missed his point.
"Personal density is directly proportional to temporal bandwidth."
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Re: question regarding if I am emailed a summons

Unread postby Fatheroffour » Wed Nov 08, 2017 6:06 pm

I have to pay to do it when I bring my motions to the court.


You've had to pay the Marshall's to serve every motion you've filed? How many have you filed?
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Re: question regarding if I am emailed a summons

Unread postby RC611V » Wed Nov 08, 2017 6:56 pm

Have your buddy do it. Or a POF date. Haha.
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Re: question regarding if I am emailed a summons

Unread postby TJinCA » Wed Nov 08, 2017 7:48 pm

First, keep in mind that she's paying her lawyer, in minimum six minute increments, to prepare and serve stuff on you. As a party to the case she's not allowed to serve stuff herself, so if she's sending you emails herself they have not been properly served. Her lawyer is not a party to the case, so he can serve stuff on you in person, by mail or (apparently, if your state court allows it) by email.

Seems like there are usually very few documents that require personal service. You should check the rules for your court and see if it's really necessary or if you can do service by mail or email yourself. In my state even the initial petition can be served by mail as long as the respondent agrees to it.

I was also self-represented until recently and had everything served by mail. The initial petition I had a buddy do it, one time I paid an internet-based service to do it (I think it was like $75) but then I figured out that you can usually just ask the clerk at the Mailboxes Etc. (or equivalent) to sign off on a Proof of Service by Mail form. Easy & free, just make sure they're over 18.

Also, as a point of order, making her spend more money to serve stuff still doesn't change what you have to do or pay to serve stuff on her. So if receiving service by email is more convenient for you, who cares if she's not spending money on process servers?
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