Hi, I filed a contempt of court, cuz my ex hadn't pay me some money it was ordered from judge in divorce process, I received the order from judge for my ex to show up to court, and I am not sure how to serve him, I was told I have to send a police officer, do you guys know how is the process and what will happen in court?
Look up Process Servers on line or in the phone book for the area you ex lives. Sheriffs office will do it too but serving people is generally not top on their priority list so it can take a while.
I'm not sure of the process in CO - but in VA - you pay $40 for a sheriff to deliver the summons...
Call the court house and ask how you are supposed to get it served or if they have already served him (as part of your processing fees) and this is your notice.
I know you have to have proof of service - that's why a sheriff does it - unbiased, 3rd party....
If he fails to show for court, you should receive a notice for garnishment or an order against him...which if you take to his employer, they will garnish the funds from his paycheck until it is paid in full.
In ma you have to bring it to the county sheriff and they deliver it and the cost depends on the distance from the office.
To the best of my knowledge, in Colorado anyone over the age of 18 who is not a party to the action can serve process on your ex. All they have to do is walk up to him and hand him the papers and then fill out a form stating that such and such was served at location (his house, place of business, walmart, whatever) and the time he was served. Alternatively, you can use a process server or the county sheriff or serve by publication (usually a last resort). Google process servers in __________ (wherever he lives).
You pay a fee with at the court house when you pay for the cost of the order and they have someone serve them. You can also post it in the paper and show, return receipt request or sending papers by certified mail to the last known address if you can't find him. But your attorney should be able to tell you all of this for sure.
If it's for child support you can just call the local child support office and they can handle all the legal stuff for you after you fill out papers. If it's for something else, like paying you for his interest in the house then it's going to be up to the judge to file any garnishment against him through the court house.
