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socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 38438
Experience:  Retired (mostly)
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I have to submit a "Order to Show Cause for a Stay of the Income

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I have to submit a "Order to Show Cause for a Stay of the Income Execution Order" they sent to my work... I know I need to go to the court house clerk, pay the money, and have them look it over to make sure it is not defective. If not they will send me up. I have to alert the Plaintiff (5) days prior. Do I have to give them a copy and attache a service letter to the court's copy or is a letter that this is happening enough?

Hello again.

Every paper filed with the court must have a proof of service annexed thereto. UTCR 202.5(a). However, since you can't serve the motion until you have the hearing date, you don't need proof of service, until you actually serve the order to show cause. Only an affirmation of good faith is required. See UTCR 202.7(e).

Hope this helps.

Customer: replied 3 years ago.
I thought I had to give them three to five days notice so confused. Does this mean serve them the OSC to them three to five days in advance or just send them a letter. Thank you
You must serve notice. No exceptions. A letter is not service of notice.

Hope this helps.
Customer: replied 3 years ago.
I have not Gone to court yet and served it to them. Just wanted to give notice to her side and was told even a phone call is notice
I think we are talking about different things. You have to make a good faith effort to notify the other party where you intend to seek an ex parte order. So, if that's what you mean, then yes, a letter, fax, telephone call, etc. is sufficient.
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