Q: I have filed for divorce from my spouse. I am unaware of where my husband is currently living, but I provided his Brother’s residence to my lawyer as a location for him to get served because he is usually there. I was told by one of my lawyer’s employee that the process server will make three attempts to serve him for one flat fee of $130. I was told to provide a date, location and time frame in which I wanted him to get served. I provided ONE date and the brother’s address. However, the process server went a second time to serve and then a third without my knowledge or consent. My husband was not served the divorce paper as he was not there each time. I am now left with an invoice to pay $240 for this service. Is this right or legal? I tried to reach my lawyer but she is unavailable and her receptionist is arguing back that this is how a divorce process server works. I was under the impression that since this is my life, money and decision that I would get a say on when and where each attempt should be made.
A: Usually a process server will make up to 3 attempts at the same address for 1 fee. There may be particular reasons why there was an additional fee – e.g., the server was also directed to file the affidavit of attempted service with the court (which may entail an additional fee). Nevertheless, you’re certainly entitled to an explanation as to why you’re getting charged extra. For a 2d opinion, call a Bronx Divorce attorney to schedule a consult.