Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Service of citation
Debtor & Creditor (DCD) CHAPTER 12, ARTICLE 9
§ 254. Service of citation. A citation to the persons interested must
be served on all parties, other than the petitioner, who are interested
in the fund, including sureties of the committee or conservator; but the
court may, in its discretion, dispense with the service on such
incompetent person or conservatee, and, if the time limited by due
advertisement for presentation of claims has expired before the issue of
citation, creditors who have not duly presented their claims need not be
served. The court may, by order, direct such citation to be served on
creditors who have presented claims accompanied by post-office address,
as provided in section two hundred and fifty, by depositing a copy of
the same at least twenty days prior to the return day thereof in the
post-office at the place where such committee or conservator, resides,
duly inclosed and directed to each of such creditors at the post-office
address specified by him as provided in section two hundred and fifty,
with the postage prepaid, and publishing such citation once in each week
for at least four weeks prior to such return day in one or more
newspapers to be designated by the court as most likely to give notice
to such creditors. A citation personally served within the county where
such incompetent person or conservatee resided at the time of his
becoming incompetent or incapable of managing his affairs, or an
adjoining county, must be served at least eight days before the return
thereof; if in any other county, at least fifteen days before the return
thereof. The court may direct service to be made by publication, when it
is satisfied by affidavit or verified petition, either that the person
to be served is unknown or that his residence can not, after diligent
inquiry, be ascertained, or that he can not, after due diligence, be
found within the state. The order for such service must direct service
of the citation upon such person to be made by publication thereof in
one newspaper to be designated by the court as most likely to give
notice to the person to be served once a week for four weeks, and that a
copy of the citation be forthwith deposited in the post-office duly
inclosed and directed to each person so served at his last known place
of residence or post-office address, and the postage paid thereon, at
least thirty days before the return day thereof. When publication has
been ordered, personal service without the state made, if within the
United States, at least thirty days, or without the United States, at
least forty days before the return day, is equivalent to publication and
mailing. Personal service on minors, incompetent persons and
conservatees shall be made as prescribed by law for service of citations
issued by surrogates for final accounting, and personal service on one
or two or more creditors, claiming as co-partners or otherwise as joint
creditors shall be equivalent to personal services on all, and voluntary
appearance either in person or by attorney shall be equivalent to
personal service, and such appearance may be made by any one claiming an
interest, though not served, and such person shall thereupon become a
party to the proceeding.