(Poster is pro se defendant to civil action.)
I had a relative (per Minn. R. Civ. P. 4.02) serve my Answer to Plaintiff's atty by mail. Notary was unexpectedly unavailable, so we couldn't complete an Affidavit of Service (AOS) that day (which was also the last day of the Answer deadline. Answer was filed w/court prior to service.) Minn. R. Gen. Pract. 7 provides that an AOS can be filed within 10 days after service so presumably I still have time. Problem is my relative is now unavailable. If I can't get him to sign the AOS in time, what do I do?
I don't know if this is mitigating in my favor, but Plaintiff served their Complaint by publication (citing Minn. R. Civ. P. 4.04(a)(1)), w/o actually publishing it. (As far as I can tell anyway, since there's no AOS from a legal newspaper.) They state my correct service address (an agent, not my home) in their affidavit but they never tried service by mail per Minn. R. Civ. P. 4.05.
I'm also wondering how Minn. R. Civ. P. 4.06 might pertain to either side's service ("Failure to make proof of service shall not affect the validity of the service.")
Thanks for any help.
I had a relative (per Minn. R. Civ. P. 4.02) serve my Answer to Plaintiff's atty by mail. Notary was unexpectedly unavailable, so we couldn't complete an Affidavit of Service (AOS) that day (which was also the last day of the Answer deadline. Answer was filed w/court prior to service.) Minn. R. Gen. Pract. 7 provides that an AOS can be filed within 10 days after service so presumably I still have time. Problem is my relative is now unavailable. If I can't get him to sign the AOS in time, what do I do?
I don't know if this is mitigating in my favor, but Plaintiff served their Complaint by publication (citing Minn. R. Civ. P. 4.04(a)(1)), w/o actually publishing it. (As far as I can tell anyway, since there's no AOS from a legal newspaper.) They state my correct service address (an agent, not my home) in their affidavit but they never tried service by mail per Minn. R. Civ. P. 4.05.
I'm also wondering how Minn. R. Civ. P. 4.06 might pertain to either side's service ("Failure to make proof of service shall not affect the validity of the service.")
Thanks for any help.
