I believe
there is a problem with service of process in ch 61 for defendants residing
out of state. 61-1803 (a) states that service of process outside
the state shall be made in substantial compliance with 60-308. 60-308
(a)(3) states that no default shall be entered until the expiration of
at least 30 days after service. 61-1802 states that the
appearance
date on the summons must be nlt 11 nor more than 35 days after issuance.
Therefore there is only a 5 day window within which to obtain service,
IF you can get the appearance date set 35 days after issuance. This 5 day
window is simply impossible to meet unless you are lucky enough to have
the debtor sign for certified mail. If you are trying to use an out
of state sheriff, the paperwork will not even reach the sheriff in five
days. Thus there is no way that the court can show the defendant
in default on the appearance date shown in the summons.
61-1807
states that the return of service must be made nlt 5 days before the appearance
date. This statute probably doesn't impact on the situation.
This problem is being addressed in the Chapter 61 revision.