Free Alternative Form of Service Packet - Oregon


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State: Oregon
Category: Court Forms - Local
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http://www.ojd.state.or.us/LIN/home.nsf/Files/AltService.pdf/$File/AltService.pdf

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Preview Alternative Form of Service Packet
Alternative Form of Service
Instructions for Packet 6A
This packet is for a person who has filed a petition for divorce, separation, custody or parenting time (visitation), and cannot complete service by the usual methods, including: · personal service (having the papers delivered directly to respondent), · substitute service (delivery of papers to a person living at respondent's home who is at least 14 years old, and mailing of documents to home address), · office service (delivery of papers to the person apparently in charge at respondent's office during working hours), and · service by mail (delivery to respondent by first class mail and by certified, registered or express mail provided respondent signs a receipt for the certified, registered or express mail. The respondent must not be a minor or incapacitated.) The law requires that you try to locate respondent through all possible methods before an alternative method of service is allowed. This may include: · Certified letter sent to respondent with FORWARDING REQUESTED and with ADDRESS CORRECTION REQUESTED endorsements; · Call made to Information with the telephone company showing no telephone listing in the city of last known residence, and if possible, in state of last known residence; · Contact with at least three known relatives and/or close friends and/or business associates who say they do not know respondent's whereabouts; · Check with the business directory in the city of last know residence; · If incarceration is suspected, a verification with the Department of Corrections that respondent is not in custody; · Any equivalent method to search for respondent's whereabouts. If any of these produces a new address, or location where the respondent resides, that must be explored to make sure it is not the current address or will lead directly to current address through forwarding. If you cannot locate the respondent, these forms allow you to request permission from the Court to use one of the following methods of service: publication, posting, or mailing to a specified post office address.

STEP 1
· Fill out the Affidavit in Support of Motion for Alternative Form of Service (AFFIDAVIT) and Motion for Order to Allow an Alternative Form of Service (MOTION). · Fill out the case heading on the Order Regarding Request for Alternative Form of Service (ORDER). · Fill out the Certificate of Document Preparation (CERTIFICATE). · Make two copies of the MOTION, ORDER AND AFFIDAVIT. One is for your records and the other is to mail, post, or published on the respondent.

STEP 2
· File the original AFFIDAVIT, MOTION, ORDER and CERTIFICATE with the court clerk. · Send true copies (copies that you have signed where it says, "I certify this is a true copy") of the originals to the respondent if you have a mailing address for that person.

Page 1 of 2, ALTERNATIVE FORM OF SERVICE
LINN COUNTY FOR M 6A -AlternativeService: Alternative Form of Service Packet.wpd (3/04)

STEP 3
Check back in a week to 10 days to see if the ORDER was signed by a judge, and if so, what method of service the judge has allowed you to use (if any).

STEP 4
·If an alternative method was allowed in the ORDER, follow the instructions in the ORDER to complete service. ·To serve by publication, you must fill out the Summons in this packet completely and have it published in the newspaper specified in the ORDER. You must also mail a copy of the summons and petition to the respondent if you know his or her post office box number or can find out what the post office box number is with reasonable diligence. If you can't find out the post office box number by exercising reasonable diligence, you may mail the documents to the respondent's last known address. If you can't find out the last known address using reasonable diligence, you don't have to mail the documents. · To serve by mail, send the documents by first class mail and by any of the following: certified or registered mail, return receipt requested, or express mail.

STEP 5
Once service is complete, file a proof of service with the court. You may do this by filing the Affidavit of Service if service was completed by posting or mailing. If service was completed by publication, submit the Affidavit of Publication and the Certificate of Mailing (if you are able to mail; see Step 4).

STEP 6
Wait until the period for the respondent to file a response has passed. If you don't receive a copy of a response in the mail, check with the court clerk to see if one was filed. If no response was filed, you may file your request for a default according to the instructions in the packet you used to file your petition.

Page 2 of 2, ALTERNATIVE FORM OF SERVICE
LINN COUNTY FOR M 6A -AlternativeService: Alternative Form of Service Packet.wpd (3/04)

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINN

IN THE MATTER OF THE MARRIAGE OF SEPARATION OF CUSTODY PROCEEDING OTHER _______________________________________ PETITIONER, AND _______________________________________ RESPONDENT,

) ) ) ) ) ) ) ) ) ) )

Case No.________________________

SUMMONS DOMESTIC RELATIONS SUIT

TO: _______________________________________, Respondent.

The petitioner has filed a Petition asking for: __________________________________________________________________ _______________________________________________________________________________________________________ If you do not file the appropriate legal paper with the court in the time required (see below), the petitioner may ask the court for a judgment against you that orders the relief requested.

NOTICE TO RESPONDENT: READ THESE PAPERS CAREFULLY!
You must "appear" in this case or the other side will win automatically. To "appear", you must file with the Court a legal paper called a "Response" or "Motion." This paper must be given to the Court within thirty (30) days along with the required filing fee. It must be in proper form and you must show that the petitioner's attorney (or the petitioner if he or she does not have an attorney) was served with a copy of the "Response" or "Motion." Response forms may be available through your local court located at: PHYSICAL LOCATION is 300 Fourth Avenue, SW, Albany, OR 97321 Room 107 and MAILING ADDRESS is Linn County Circuit Court, P.O. Box 1749, Albany, OR 97321. WEBSITE ADDRESS is www.ojd.state.or.us/linn If you have legal questions, you should see an attorney immediately. If you need help finding an attorney, you may call the Oregon State Bar's Lawyer Referral Service at (503) 684-3763 or toll free in Oregon at (800) 452-7636. Certificate of Document Preparation. You are required to truthfully complete this certificate regarding the document you are filing with the court. Check all boxes and complete all blanks that apply: I selected this document for myself and I completed it without paid assistance. I paid or will pay money to ________________________________ for assistance in preparing this form. _________________________________________________________
Petitioner, Signature Add ress or Co ntact Add ress Telephone o r Contact Telephone Print Name City, State, Zip

I certify that this is a true copy. ___________________________
Petitioner's Signature

_________________________________________________________ _________________________________________________________

Page 1 of 1, SUMMONS
LINN COUNTY FOR M 6A -AlternativeService: Alternative Form of Service Packet.wpd (3/04)

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINN

IN THE MATTER OF THE MARRIAGE OF SEPARATION OF CUSTODY PROCEEDING OTHER _______________________________________ PETITIONER, AND _______________________________________ RESPONDENT,

) ) ) ) ) ) ) ) ) ) ) Motion

Case No.________________________

MOTION FOR ORDER TO ALLOW AN ALTERNATIVE FORM OF SERVICE

I, ______________________________, request that the court issue an Order allowing service by publication, mailing or posting based on unsuccessful attempts to locate and serve the other party detailed in the attached affidavit. If the court orders service by publication, I request that I be allowed to publish notice in ____________________________________, a newspaper of general circulation in ________________________ County. Points and Authorities ORCP 7D(6)(a) allows the court to order service by any method or combination of methods which under the circumstances is most reasonably calculated to apprise the party of the existence and pendency of the action, upon a showing that service cannot be made by any method otherwise specified by law. Dated: ___________________, 20______. _____________________________________________ _____________________________________________ Petitioner, Signature Print Name ___________________________________________________________________________________________ Address or Contact Address City, State, Zip Telephone or Contact Telephone

I certify that this is a true copy. _____________________________________ Petitioner, Signature

Page 1 of 1, MOTION FOR ORDER TO ALLOW AN ALTERNATIVE FORM OF SERVICE
LINN COUNTY FOR M 6A -AlternativeService: Alternative Form of Service Packet.wpd (4/19/01)

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINN I IN THE MATTER OF THE MARRIAGE OF SEPARATION OF CUSTODY PROCEEDING OTHER _______________________________________ PETITIONER, AND _______________________________________ RESPONDENT, ) ) ) ) ) ) ) ) ) ) ) Case No.________________________

AFFIDAVIT IN SUPPORT OF MOTION FOR ALTERNATIVE FORM OF SERVICE

STATE OF _______________________ County of ________________________

) ) ss. )

I, ____________________________________, being first duly sworn, say that the following is true: 1. I am the petitioner in this case. 2. I have had no contact with the respondent since (date)_______________. His/Her last known address is __________________________________________________________, and I am not presently aware of his/her whereabouts, mailing address or how to get in contact with him/her. 3. I attempted to have the respondent personally served at his or her dwelling house or usual place of abode located at _________________________________________________________________________________. Service at this address has not been successful because:_____________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________. 4. I attempted to complete substitute service on respondent but was unsuccessful because: _________________________________________________________________________________________ _________________________________________________________________________________________
Page 1 of 3, AFFIDAVIT IN SUPPORT OF MOTION FOR ALTERNATIVE FORM OF SERVICE
LINN COUNTY FOR M 6A -AlternativeService: Alternative Form of Service Packet.wpd (4/19/01)

5. Check one: I attempted to complete office service on respondent but was unsuccessful because: _________________________________________________________________________________________ _________________________________________________________________________________________.

The respondent does not have an office for the conduct of business.
6. I attempted to mail the documents to respondent at the following address(es): ______________________ ______________________________________________________________________________ by first class mail and certified or registered mail, return receipt requested, or ë express mail, but was not able to get a receipt signed by Respondent because:______________________________________________________ _________________________________________________________________________________________. 7. I have have not found a post office address for the respondent. I have made the following efforts to locate a post office address:___________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________.

8. In addition to the methods described above, I have tried to locate the other party using the following methods: _________________________________________________________________________________________
(Describe methods, list dates they were used, and explain why efforts to locate through utility company records, driving records, postal records, _____________________________________________________________________________________________________________________ family members, friends and any other reasonable means has not been successful. Attach additional pages if necessary).

_________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________. 9. Check one: I know of a specific location outside of _________________County where
(List county of filing)

publication might reasonably result in actual notice to the respondent: _____________________.
(List county and state)

I do not know of a specific location where publication might result in actual notice to the
respondent.

Page 2 of 3, AFFIDAVIT IN SUPPORT OF MOTION FOR ALTERNATIVE FORM OF SERVICE
LINN COUNTY FOR M 6A -AlternativeService: Alternative Form of Service Packet.wpd (4/19/01)

10. I am without funds to pay for publication by newspaper. A copy of the order deferring or waiving my filing fee is attached.

Dated: ________________________, 20____.

_________________________________________ _______________________________________________ Petitioner, Signature Print Name _________________________________________________________________________________________ Address or Contact Address City, State, Zip Telephone or Contact Telephone

SIGNED AND SWORN to before me this _________ day of ______________, 20_____, by _________________________________________________.

____________________________________ Notary Public for ____________/Court Clerk My Commission Expires: ______________

I certify that this is a true copy. _____________________________________ Petitioner, Signature

Page 3 of 3, AFFIDAVIT IN SUPPORT OF MOTION FOR ALTERNATIVE FORM OF SERVICE
LINN COUNTY FOR M 6A -AlternativeService: Alternative Form of Service Packet.wpd (4/19/01)

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINN

IN THE MATTER OF THE MARRIAGE OF SEPARATION OF CUSTODY PROCEEDING OTHER

____________________________________ PETITIONER, AND ____________________________________ RESPONDENT.

) ) ) ) ) ) ) ) ) ) ) )

Case No. _________________________

ORDER REGARDING REQUEST FOR ALTERNATIVE FORM OF SERVICE

Based upon the motion and affidavit of the petitioner on file herein, the request for the use of an alternative service method is hereby: allowed denied. IT IS HEREBY ORDERED that service shall be made upon respondent as follows:

By publication. The summons shall be published once a week for four consecutive weeks in
______________________________, which is hereby found to be a newspaper of general circulation in ___________________County, ______________________(state).

By mailing. The summons and petition shall be mailed to respondent at the following address:
_______________________________________________________ by first class mail and by certified or registered mail, return receipt requested or express mail. Respondent shall have __________ days to respond from the following date: the signing of the receipt of mailing (if applicable), three days after the mailing if mailed to an Oregon address, or seven days after the mailing if mailed to an out of state address, whichever comes first.

Page 1 of 2, ORDER REGARDING REQUEST FOR ALTERNATIVE FORM OF SERVICE
LINN COUNTY FOR M 6A -AlternativeService: Alternative Form of Service Packet.wpd (4/20/01)

By posting. The summons and petition shall be posted at the following location(s):___________________
___________________________________________________________________________________ for a period of four (4) weeks. Respondent shall have ________ days to respond from the date of first posting (insert date): ___________________.

DATED this ____ day of ______________, 20______. __________________________________ Circuit Court Judge __________________________________ Print Name

Submitted by: _________________________________________ _____________________________________________________ Petitioner, Signature Print Name _______________________________________________________________________________________________ Address or Contact Address City, State, Zip Telephone or Contact Telephone

I certify that this is a true copy: _______________________________________ Petitioner, Signature

Page 2 of 2, ORDER REGARDING REQUEST FOR ALTERNATIVE FORM OF SERVICE
LINN COUNTY FOR M 6A -AlternativeService: Alternative Form of Service Packet.wpd (4/20/01)

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINN

IN THE MATTER OF THE MARRIAGE OF SEPARATION OF CUSTODY PROCEEDING OTHER

____________________________________ PETITIONER, AND ____________________________________ RESPONDENT.

) ) ) ) ) ) ) ) ) ) ) )

Case No. _________________________

CERTIFICATE OF DOCUMENT PREPARATION

You are required to truthfully complete this certificate regarding the documents you are filing with the court. Check all boxes and complete all blanks that apply: I selected these documents for myself, and I completed them without paid assistance. I paid or will pay money to ____________________________ for assistance in preparing this document.

Dated: ___________________, 20______.

Submitted by: ______________________________________________ ________________________________________________ Signature Print Name _______________________________________________________________________________________________ Address or Contact Address City, State, Zip Telephone or Contact Telephone

Page 1 of 1, CERTIFICATE OF DOCUMENT PREPARATION
LINN COUNTY FOR M 6A -AlternativeService: CertDoc.wpd (4/20/01)

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINN

IN THE MATTER OF THE MARRIAGE OF SEPARATION OF CUSTODY PROCEEDING OTHER

____________________________________ PETITIONER, AND ____________________________________ RESPONDENT.
STATE OF _____________________ ) ) ss. County of ______________________ )

) ) ) ) ) ) ) ) ) ) ) )

Case No. _________________________

AFFIDAVIT OF PUBLICATION

I, ____________________________________, being first duly sworn, say that I am the__________________________ of ______________________, a newspaper of general circulation published in ________________________ located in
(job title/description)

_______________ County; that I know from my personal knowledge that the summons and summary of the petition, a printed
(town/state)

copy of which is attached, were published in the entire issue of said newspaper four times in the following issues:____________ _______________________________________________________________________________________________________ Certificate of Document Preparation. You are required to truthfully complete this certificate regarding the document you are filing with the court. Check all boxes and complete all blanks that apply: I selected this document form myself, and I completed it without paid assistance. I paid or will pay money to ________________________ for assistance in preparing his form. __________________________________________________ ____________________________________________________ Signature Print Name _______________________________________________________________________________________________________ Address or Contact Address City, State, Zip Telephone or Contact Telephone

SIGNED AND SWORN to before me this _________ day of ______________, 20_____, by _________________________________________________.

___________________________________ Notary Public for ____________/Court Clerk My Commission Expires: ______________ Page 1 of 1, ALTERNATIVE OF PUBLICATION
LINN COUNTY FOR M 6A -AlternativeService: AffidavitPuab-6A.wpd (3/04)

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINN IN THE MATTER OF THE MARRIAGE OF SEPARATION OF CUSTODY PROCEEDING OTHER ) ) ) ) ) ) ) ) ) ) ) )

Case No. _________________________

AFFIDAVIT OF SERVICE

____________________________________ PETITIONER, AND ____________________________________ RESPONDENT.
STATE OF _____________________ ) ) ss. County of ______________________ )

I, ____________________________________, being first duly sworn, say: I am a resident of the County of __________________________, State of __________________________. I am a competent person 18 years of age or older.

Service by Posting. I am not a party to or attorney in this proceeding. I personally posted
the summons and petition at (location): ____________________________________________________ for a period of four (4) weeks, beginning _______________ and ending ________________.

Service by Mailing. I personally deposited a true copy of the summons, petition, and
____________________________________________________________________________________ in the United States first class mail and by: certified mail or registered mail, return receipt requested, or express mail on __________________. The return receipt is attached to this affidavit. (Date) /// /// ///
Page 1 of 2, AFFIDAVIT OF SERVICE
LINN COUNTY FOR M 6A -Affidavit of Service.wpd (3/04)

Certificate of Document Preparation. You are required to truthfully complete this certificate regarding the document you are filing with the court. Check all boxes and complete all blanks that apply: I selected this document form myself, and I completed it without paid assistance. I paid or will pay money to _______________________ for assistance in preparing this form. _____________________________________________ _________________________________________________ Signature of Server Print Name _______________________________________________________________________________________________ Address or Contact Address City, State, Zip Telephone or Contact Telephone

SIGNED AND SWORN to before me this _________ day of ______________, 20_____, by _________________________________________________.

___________________________________ Notary Public for ____________/Court Clerk My Commission Expires: ______________

Page 1 of 2, AFFIDAVIT OF SERVICE
LINN COUNTY FOR M 6A -Affidavit of Service.wpd (3/04)

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINN



N THE MATTER OF THE MARRIAGE OF SEPARATION OF CUSTODY PROCEEDING OTHER

____________________________________ PETITIONER, AND ____________________________________ RESPONDENT.

) ) ) ) ) ) ) ) ) ) ) )

Case No. _________________________

CERTIFICATE OF MAILING

I certify that on _____________________________, 20_______, I mailed a true copy of: _________________ _____________________________________________________________ previously filed in this case:
(List documents)

to the other party directly, at the following address, because s/he has no attorney:
_________________________________________________________________________________________ to the other party's attorney ___________________________________ at the following
(Name of other party's attorney)

address: ________________________________________________________________________________________ _______________________________________________________________________________________________. Mailing was done by first class mail and by certified or registered mail, return receipt requested, or express mail. Certificate of Document Preparation. You are required to truthfully complete this certificate regarding the document you are filing with the court. Check all boxes and complete all blanks that apply: I selected this document form myself, and I completed it without paid assistance. I paid or will pay money to _______________________ for assistance in preparing this form. Dated: _______________________, 20______. _______________________________________________ _______________________________________________ Petitioner, Signature Print Name _______________________________________________________________________________________________ Address or Contact Address City, State, Zip Telephone or Contact Telephone

Page 1 of 1, CERTIFICATE OF MAILING
LINN COUNTY FOR M 6A -Certificate of Mailing.wpd 4/20/01)