Page 1 of 3

Legal/Ethical Issue

PostPosted: Wed Jan 02, 2013 9:51 pm
by Son
So here is the jest of my dilemma.

I am filing a motion to keep my ex-wife's husband (who as been beating her since before they were married) away from my children. In my state, you do not need to go through a lawyer, but I did to make sure everything was done properly. I know the reputation of this lawyer. He is very good and usually does not lose. He wrote up the motion and mailed it to her as required by law. The postal service tried to deliver the motion but was unable to do so because she has moved. The motion was forwarded to my address.

Should I:
a. Deliver the motion to her personally to make sure she has a chance to see it.
b. Return it to the postal service so they can handle it.
c. Pretend I didn't receive anything and play dumb.
d. Throw it away like she has done to some of my mail. :twisted:
e. Other suggestions?

Just so you know, I am checking with a couple of attorney friends to see what they think also.

Re: Legal/Ethical Issue

PostPosted: Wed Jan 02, 2013 9:58 pm
by Brazosgrad
You make it sound as though you know her current address and the USPS does not? I wouldn't delivery it in person. I would get her correct address and have the delivery insured to require a signature by the service.

Re: Legal/Ethical Issue

PostPosted: Wed Jan 02, 2013 10:12 pm
by THEWULFMAN
I'm sorry but I just don't understand what is going on. Care to explain it to an idiot in detail who does want to help you and doesn't mind stepping into morally shady areas at times?

Re: Legal/Ethical Issue

PostPosted: Wed Jan 02, 2013 10:13 pm
by NiteRunner81
I see no problem in delivering it yourself, if that is something you want to do. So, after the motion is served what is she required to do? Kick her hubby out, give you the kids? Just curious.

If you are not comfortable just find her new address and remail it. or hire a courier to do it. Just make sure if you remail it you do as the PP rec'd and do signature confirmation.

Re: Legal/Ethical Issue

PostPosted: Wed Jan 02, 2013 10:25 pm
by Matt-Chicago
Don't chance it - find her current address and mail it registered so all i's are dotted and t's are crossed.

Re: Legal/Ethical Issue

PostPosted: Wed Jan 02, 2013 10:33 pm
by Dad
I've dealt with and helped other deal with this before. PM me if you like. If I have more details, I'll be better equipped to advise you.

I do NOT recommend doing what I did. Although it worked, I could have done time in jail.

Re: Legal/Ethical Issue

PostPosted: Wed Jan 02, 2013 10:37 pm
by Duel of Fates
I used to work for a private detective as a process server. I was on retainer for many of the attorneys in my area. See if your attorney has a process server. It may cost a little more, but safer for you.

Re: Legal/Ethical Issue

PostPosted: Wed Jan 02, 2013 10:39 pm
by NiteRunner81
Dad wrote:I've dealt with and helped other deal with this before. PM me if you like. If I have more details, I'll be better equipped to advise you.

I do NOT recommend doing what I did. Although it worked, I could have done time in jail.


Dad... don't fret, we would have bailed you out if something happened : :whistling:

Some states require you to be responsible for serving papers like this, in OR the police do it (I got served lawsuit *auto accident related* by a Tillamook County Deputy)... I would find a way to have it done from person to person, its still so soon after Christmas that the mail system is catching up on those late gifts and I'd hate to risk another mistake.

EDIT: I just saw DoF's response, go that route.. STAT...

Re: Legal/Ethical Issue

PostPosted: Wed Jan 02, 2013 11:24 pm
by CommanderOtto
I would make sure the postal service delivered the message. If you give a letter to her yourself, she might throw it away and say in court you didn't deliver it. Better be on the safe side.

Re: Legal/Ethical Issue

PostPosted: Wed Jan 02, 2013 11:27 pm
by FaiL.?
I think that DoF's choice was the best choice, because if you does indeed refuse recieving a letter, your private detective would testify.