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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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If a court citation states it was unserved, at the time of

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If a court citation states it was unserved, at the time of the set court date, will court date be reset?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

This involves a civil case, not a criminal case, and the defendant has not yet been personally served?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

It is a civil case. pertaining to child support.

Hello again, Gary, and thank you for clarifying that for me.

Yes, if the court record indicates that the defendant has not been properly served at the time a hearing is scheduled, the court will typically continue the hearing to a later date and instruct the moving party to serve the defendant. That is what usually occurs.

I have also seen where the court does not realize the defendant has been served (for whatever reason), holds the hearing and grants a default judgment against the defendant because they did not appear. It's not extremely common since the plaintiff/petitioner would usually have to make misrepresentations to the court that the defendant has been served, but it does happen occasionally.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


Tina and 2 other Family Law Specialists are ready to help you

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

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