Nah, just stupid. In the original e-mail, D had scanned the document, and I only didn't keep it since the original was supposed to be on it's way (bad move on my part, I know). The dec. of service says it was mailed, and, legally, that's all that matters. It's just a comedy of errors...and one i'm happy to be done with. There's really nothing slippery that can be pulled on me.
It's just you. Also, the process server screwed up because (1) a document isn't actually served unless it's in the hand of the targeted recipient, and (2) the process server is (if it were important and came to court) not actually allowed to take Diane's word for it even if that were the case; a receipt for the certified mail would meet the requirement though.
As for why no certified mail? A couple bucks that Diane didn't want to spend, or she wasn't there during the post orifice hours when they could issue the certificate.
The more I read about how actual legal machinations work and how often things screw up, the more I think it isn't lawmaking that looks like a sausage factory.
I don't know. When we served Phillip with his divorce papers they actually had to be handed to him in person by a process server. The lawyer told me that even certified mail was not considered legal proof if he actually tried to contest anything.
That was why dad and I ended up having to go along with the process server to deliver it b/c Phillip was acting so weird by then that the lawyer and his sister both figured that their was no way he was going to open the door for someone he didn't know.
So yes it is very weird but as long as the courts sign off on the papers you should be okay. After all she can hardly argue that she didn't know about the proceedings since she is the one who set them up and presumably went to the court date.
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As for why no certified mail? A couple bucks that Diane didn't want to spend, or she wasn't there during the post orifice hours when they could issue the certificate.
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That was why dad and I ended up having to go along with the process server to deliver it b/c Phillip was acting so weird by then that the lawyer and his sister both figured that their was no way he was going to open the door for someone he didn't know.
So yes it is very weird but as long as the courts sign off on the papers you should be okay. After all she can hardly argue that she didn't know about the proceedings since she is the one who set them up and presumably went to the court date.
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