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Need advice on serving an active duty USN member in conus

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  • Mike Hawkins
    Group, I have a SOP to complete on an active duty sailor who is based here in Washington State and lives on the base. His ex-wife in Florida seeks to serve
    Message 1 of 7 , May 8, 2006
      Group,

      I have a SOP to complete on an active duty sailor who is based here
      in Washington State and lives on the base. His ex-wife in Florida
      seeks to serve him with papers in a child custody issue which has
      been filed in the Florida courts.

      Under the Navy JAG Manual, the subject's Commanding Officer is
      obligated to inform him that he need not accept service since it is
      pending in a different case. To make matters worse, the CO does not
      even have to allow me to see the subject so I can attempt service.

      As a retired USNR Officer, I have base access so that is not a
      problem. However USN regulations/rules require that I do not serve
      him at his residence on base, but go through the C.O.

      Do any of this experienced group have any suggestions?



      Mike Hawkins
      The Hawkins Group - Investigations
      23632 Hwy 99, Suite F, PMB 137
      Edmonds, WA 98026
      425-775-3395 (Office)
      425-418-6745 (Mobile)
      mikehawkins@...
      www.hawkinspi.com
    • STEVE SNYDER
      I AM FAMILIAR WITH TWO ISSUES. 1) IF THIS IS FEDERAL PROPERTY THEY CAN PROHIBIT YOU FROM SERVING A STATE CIVIL CASE. 2) IN CALIFORNIA IF A GUARD PROHIBITS A
      Message 2 of 7 , May 8, 2006
        I AM FAMILIAR WITH TWO ISSUES.

        1) IF THIS IS FEDERAL PROPERTY THEY CAN PROHIBIT YOU FROM SERVING A STATE CIVIL CASE.
        2) IN CALIFORNIA IF A GUARD PROHIBITS A PROCESS SERVER FROM COMING ONTO THE PROPERTY THEN YOU CAN SUBSERVE TO THE GUARD AFTER YOU HAVE DILIGENCE WHEN ATTEMPTING TO SERVE A SUMMONS.

        YOU NEED TO KNOW WHAT THE RULES ARE FOR YOUR SPECIFIC TYPE OF DOCUMENT.

        IF IT IS PERSONAL ONLY, YOU MAY HAVE A PROBLEM. IF YOU CAN SUBSTITUTE SERVE ON THE GUARD OR WHOEVER IS IN CHARGE OF THIS PERSON YOU ARE TRYING TO SERVE.THEN...THAT MAY BE YOUR BEST POSSIBLE SERVICE.

        STEVE SNYDER
        HPS

        Mike Hawkins <mikehawkins@...> wrote:
        Group,

        I have a SOP to complete on an active duty sailor who is based here
        in Washington State and lives on the base. His ex-wife in Florida
        seeks to serve him with papers in a child custody issue which has
        been filed in the Florida courts.

        Under the Navy JAG Manual, the subject's Commanding Officer is
        obligated to inform him that he need not accept service since it is
        pending in a different case. To make matters worse, the CO does not
        even have to allow me to see the subject so I can attempt service.

        As a retired USNR Officer, I have base access so that is not a
        problem. However USN regulations/rules require that I do not serve
        him at his residence on base, but go through the C.O.

        Do any of this experienced group have any suggestions?



        Mike Hawkins
        The Hawkins Group - Investigations
        23632 Hwy 99, Suite F, PMB 137
        Edmonds, WA 98026
        425-775-3395 (Office)
        425-418-6745 (Mobile)
        mikehawkins@...
        www.hawkinspi.com











        Related discussion forums:

        Private Investigator National Network - est. 1999 - 500+ members
        Everyone is welcome to join!
        http://groups.yahoo.com/group/privateinvestigators/



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      • Jason Fedelem
        I serve a lot of papers on Fort Hood. It may be different up there, but down here I go through the Provost Marshal s office (the MP station) and they are very
        Message 3 of 7 , May 9, 2006
          I serve a lot of papers on Fort Hood. It may be different up there, but
          down here I go through the Provost Marshal's office (the MP station) and
          they are very helpful.

          On 5/8/06, STEVE SNYDER <hollisterrps@...> wrote:
          >
          > I AM FAMILIAR WITH TWO ISSUES.
          >
          > 1) IF THIS IS FEDERAL PROPERTY THEY CAN PROHIBIT YOU FROM SERVING A
          > STATE CIVIL CASE.
          > 2) IN CALIFORNIA IF A GUARD PROHIBITS A PROCESS SERVER FROM COMING ONTO
          > THE PROPERTY THEN YOU CAN SUBSERVE TO THE GUARD AFTER YOU HAVE DILIGENCE
          > WHEN ATTEMPTING TO SERVE A SUMMONS.
          >
          > YOU NEED TO KNOW WHAT THE RULES ARE FOR YOUR SPECIFIC TYPE OF DOCUMENT.
          >
          > IF IT IS PERSONAL ONLY, YOU MAY HAVE A PROBLEM. IF YOU CAN SUBSTITUTE
          > SERVE ON THE GUARD OR WHOEVER IS IN CHARGE OF THIS PERSON YOU ARE TRYING TO
          > SERVE.THEN...THAT MAY BE YOUR BEST POSSIBLE SERVICE.
          >
          > STEVE SNYDER
          > HPS
          >
          > Mike Hawkins <mikehawkins@...> wrote:
          > Group,
          >
          > I have a SOP to complete on an active duty sailor who is based here
          > in Washington State and lives on the base. His ex-wife in Florida
          > seeks to serve him with papers in a child custody issue which has
          > been filed in the Florida courts.
          >
          > Under the Navy JAG Manual, the subject's Commanding Officer is
          > obligated to inform him that he need not accept service since it is
          > pending in a different case. To make matters worse, the CO does not
          > even have to allow me to see the subject so I can attempt service.
          >
          > As a retired USNR Officer, I have base access so that is not a
          > problem. However USN regulations/rules require that I do not serve
          > him at his residence on base, but go through the C.O.
          >
          > Do any of this experienced group have any suggestions?
          >
          >
          >
          > Mike Hawkins
          > The Hawkins Group - Investigations
          > 23632 Hwy 99, Suite F, PMB 137
          > Edmonds, WA 98026
          > 425-775-3395 (Office)
          > 425-418-6745 (Mobile)
          > mikehawkins@...
          > www.hawkinspi.com
          >
          >
          >
          >
          >
          >
          >
          >
          >
          >
          >
          > Related discussion forums:
          >
          > Private Investigator National Network - est. 1999 - 500+ members
          > Everyone is welcome to join!
          > http://groups.yahoo.com/group/privateinvestigators/
          >
          >
          >
          > SPONSORED LINKS
          > Family law lawyer Lawyer employment law Law lawyer Lawyer
          > directory Lawyer Process serving
          >
          > ---------------------------------
          > YAHOO! GROUPS LINKS
          >
          >
          > Visit your group "process-servers-network" on the web.
          >
          > To unsubscribe from this group, send an email to:
          > process-servers-network-unsubscribe@yahoogroups.com
          >
          > Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
          >
          >
          > ---------------------------------
          >
          >
          >
          >
          >
          > ---------------------------------
          > Yahoo! Messenger with Voice. Make PC-to-Phone Calls to the US (and 30+
          > countries) for 2¢/min or less.
          >
          > [Non-text portions of this message have been removed]
          >
          >
          >
          >
          >
          >
          > Related discussion forums:
          >
          > Private Investigator National Network - est. 1999 - 500+ members
          > Everyone is welcome to join!
          > http://groups.yahoo.com/group/privateinvestigators/
          > Yahoo! Groups Links
          >
          >
          >
          >
          >
          >
          >


          --
          Jason J. Fedelem
          _____________________________________
          410 E. Lamar, Temple, TX 76501
          (254) 624-3641(Cell)
          www.bellcivilprocess.com
          jfedelem@...


          [Non-text portions of this message have been removed]
        • SCOTT R
          When ever we get a paper to serve on a servicemember and now any of their dependents we stop. The federal rules trump any state law that we have. Thank you for
          Message 4 of 7 , May 9, 2006
            When ever we get a paper to serve on a servicemember and now any of their dependents we stop. The federal rules trump any state law that we have.

            Thank you for doing business with LEGAL COURIERS, INC. and have a nice day.

            ---------------------------------
          • Bill Valantine
            Mike: You may want to review the solders and sailors civil relief act of 1940 . It protects active military from defending civil actions until They are
            Message 5 of 7 , May 9, 2006
              Mike:
              You may want to review "the solders' and sailors' civil relief act of
              1940". It protects active military from defending civil actions until
              They are discharged. You can find the law on www.parkerpoe.com

              Bill Valantine Serpico Investigations
              PI-5289 Simi Valley, CA.

              -----Original Message-----
              From: process-servers-network@yahoogroups.com
              [mailto:process-servers-network@yahoogroups.com] On Behalf Of Jason Fedelem
              Sent: Tuesday, May 09, 2006 9:17 AM
              To: process-servers-network@yahoogroups.com
              Subject: Re: [National Network of Process Servers] Need advice on serving an
              active duty USN member in conus

              I serve a lot of papers on Fort Hood. It may be different up there, but
              down here I go through the Provost Marshal's office (the MP station) and
              they are very helpful.

              On 5/8/06, STEVE SNYDER <hollisterrps@...> wrote:
              >
              > I AM FAMILIAR WITH TWO ISSUES.
              >
              > 1) IF THIS IS FEDERAL PROPERTY THEY CAN PROHIBIT YOU FROM SERVING A
              > STATE CIVIL CASE.
              > 2) IN CALIFORNIA IF A GUARD PROHIBITS A PROCESS SERVER FROM COMING ONTO
              > THE PROPERTY THEN YOU CAN SUBSERVE TO THE GUARD AFTER YOU HAVE DILIGENCE
              > WHEN ATTEMPTING TO SERVE A SUMMONS.
              >
              > YOU NEED TO KNOW WHAT THE RULES ARE FOR YOUR SPECIFIC TYPE OF DOCUMENT.
              >
              > IF IT IS PERSONAL ONLY, YOU MAY HAVE A PROBLEM. IF YOU CAN SUBSTITUTE
              > SERVE ON THE GUARD OR WHOEVER IS IN CHARGE OF THIS PERSON YOU ARE TRYING
              TO
              > SERVE.THEN...THAT MAY BE YOUR BEST POSSIBLE SERVICE.
              >
              > STEVE SNYDER
              > HPS
              >
              > Mike Hawkins <mikehawkins@...> wrote:
              > Group,
              >
              > I have a SOP to complete on an active duty sailor who is based here
              > in Washington State and lives on the base. His ex-wife in Florida
              > seeks to serve him with papers in a child custody issue which has
              > been filed in the Florida courts.
              >
              > Under the Navy JAG Manual, the subject's Commanding Officer is
              > obligated to inform him that he need not accept service since it is
              > pending in a different case. To make matters worse, the CO does not
              > even have to allow me to see the subject so I can attempt service.
              >
              > As a retired USNR Officer, I have base access so that is not a
              > problem. However USN regulations/rules require that I do not serve
              > him at his residence on base, but go through the C.O.
              >
              > Do any of this experienced group have any suggestions?
              >
              >
              >
              > Mike Hawkins
              > The Hawkins Group - Investigations
              > 23632 Hwy 99, Suite F, PMB 137
              > Edmonds, WA 98026
              > 425-775-3395 (Office)
              > 425-418-6745 (Mobile)
              > mikehawkins@...
              > www.hawkinspi.com
            • SCOTT R
              try this link http://www.defenselink.mil/specials/Relief_Act_Revision/ it may help you scott LEGAL COURIERS, INC.
              Message 6 of 7 , May 9, 2006
                try this link http://www.defenselink.mil/specials/Relief_Act_Revision/

                it may help you

                scott
                LEGAL COURIERS, INC.
              • kimberrmason@excite.com
                Have you tried getting in touch with the JAG office? They can answer any questions you have as how to go about serving the paper work. --- On Mon 05/08, STEVE
                Message 7 of 7 , May 15, 2006
                  Have you tried getting in touch with the JAG office? They can answer any questions you have as how to go about serving the paper work. --- On Mon 05/08, STEVE SNYDER < hollisterrps@... > wrote:
                  From: STEVE SNYDER [mailto: hollisterrps@...]To: process-servers-network@yahoogroups.comDate: Mon, 8 May 2006 17:30:22 -0700 (PDT)Subject: Re: [National Network of Process Servers] Need advice on serving an active duty USN member in conusI AM FAMILIAR WITH TWO ISSUES. 1) IF THIS IS FEDERAL PROPERTY THEY CAN PROHIBIT YOU FROM SERVING A STATE CIVIL CASE. 2) IN CALIFORNIA IF A GUARD PROHIBITS A PROCESS SERVER FROM COMING ONTO THE PROPERTY THEN YOU CAN SUBSERVE TO THE GUARD AFTER YOU HAVE DILIGENCE WHEN ATTEMPTING TO SERVE A SUMMONS. YOU NEED TO KNOW WHAT THE RULES ARE FOR YOUR SPECIFIC TYPE OF DOCUMENT. IF IT IS PERSONAL ONLY, YOU MAY HAVE A PROBLEM. IF YOU CAN SUBSTITUTE SERVE ON THE GUARD OR WHOEVER IS IN CHARGE OF THIS PERSON YOU ARE TRYING TO SERVE.THEN...THAT MAY BE YOUR BEST POSSIBLE SERVICE. STEVE SNYDER HPSMike Hawkins wrote: Group,I have a SOP to complete on an active duty sailor who is based here in Washington State and lives on the base. His
                  ex-wife in Florida seeks to serve him with papers in a child custody issue which has been filed in the Florida courts.Under the Navy JAG Manual, the subject's Commanding Officer is obligated to inform him that he need not accept service since it is pending in a different case. To make matters worse, the CO does not even have to allow me to see the subject so I can attempt service.As a retired USNR Officer, I have base access so that is not a problem. However USN regulations/rules require that I do not serve him at his residence on base, but go through the C.O.Do any of this experienced group have any suggestions?Mike HawkinsThe Hawkins Group - Investigations23632 Hwy 99, Suite F, PMB 137Edmonds, WA 98026425-775-3395 (Office)425-418-6745 (Mobile)mikehawkins@... discussion forums:Private Investigator National Network - est. 1999 - 500+ membersEveryone is welcome to join!http://groups.yahoo.com/group/privateinvestigators/ SPONSORED LINKS
                  Family law lawyer Lawyer employment law Law lawyer Lawyer directory Lawyer Process serving --------------------------------- YAHOO! GROUPS LINKS Visit your group "process-servers-network" on the web. To unsubscribe from this group, send an email to:process-servers-network-unsubscribe@yahoogroups.com Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service. --------------------------------- ---------------------------------Yahoo! Messenger with Voice. Make PC-to-Phone Calls to the US (and 30+ countries) for 2�/min or less.[Non-text portions of this message have been removed]Related discussion forums:Private Investigator National Network - est. 1999 - 500+ membersEveryone is welcome to join!http://groups.yahoo.com/group/privateinvestigators/
                  SPONSORED LINKS


                  Family law lawyer
                  Lawyer employment law
                  Law lawyer

                  Lawyer directory
                  Lawyer
                  Process serving


                  YAHOO! GROUPS LINKS

                  Visit your group "process-servers-network" on the web.
                  To unsubscribe from this group, send an email to: process-servers-network-unsubscribe@yahoogroups.com
                  Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.





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