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INFOLAWYER, Attorney
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I have been talking with a married man. I ended up puchasing

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I have been talking with a married man. I ended up puchasing him a phone so we could talk. His wife found phone and will not give it back to me. She read text messages between the both of us. She says she has taken it to her atty and they are typing up the messages to serve me and my husband the papers so we can read them. Can she in fact keep my phone? And also serve my husband and me papers with the text messages detailed out?
Submitted: 5 years ago.
Category: Legal
Expert:  INFOLAWYER replied 5 years ago.
You gifted it to him. He would need to recover it from her. If it was a loan, you can proceed to demand it back or file a police report    Consider reporting this to the cell company so it can seek to close the account and if possible block her access to the phone.
Customer: replied 5 years ago.
Can she really serve my husband and I papers to us on the messages?
Expert:  INFOLAWYER replied 5 years ago.
What papers is she serving on you?     
Customer: replied 5 years ago.
She said that she is serving us papers that detail out what our text messages were saying to each other. She is going to have a copy served to him and then to me.
Expert:  INFOLAWYER replied 5 years ago.
This sounds like harassment and not some legal papers. You can seek to get a restraining order against her and also pursue the options I listed above concerning contacting the cell company to block her access.
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 51084
Experience: Licensed attorney helping individuals and businesses
INFOLAWYER and 14 other Legal Specialists are ready to help you
Customer: replied 5 years ago.

So there is no attorney that would have someone serve my husband papers on what was on the cell phone?

I have told my husband about what is going on but I don't want him to see the messages...nor do I. I want this to go away. I don't want to have to file a retraining order but I will if things persist. I have contacted the cell phone company and the phone has been suspended...only thing she can access is the texting because it is saved to phone..no way to get those off. I just want to make sure she can't pull us into her divorce.

Customer: replied 5 years ago.

So there is no attorney that would have someone serve my husband papers on what was on the cell phone?

I have told my husband about what is going on but I don't want him to see the messages...nor do I. I want this to go away. I don't want to have to file a retraining order but I will if things persist. I have contacted the cell phone company and the phone has been suspended...only thing she can access is the texting because it is saved to phone..no way to get those off. I just want to make sure she can't pull us into her divorce.

Expert:  INFOLAWYER replied 5 years ago.
A lawyer may serve divorce papers. Those would so identify them on the papers served.   
Customer: replied 5 years ago.
But to me and my husband- I am not the one getting divorced...would they just serve them to her husband?
Expert:  INFOLAWYER replied 5 years ago.
That is correct. I see no claim she would have against you here.
Customer: replied 5 years ago.
Okay - so i should not worry about my husband and I getting served....am I understanding correctly?
Expert:  INFOLAWYER replied 5 years ago.
He may get served with divorce papers. I do not see any legal exposure to you.   
Customer: replied 5 years ago.
My husband or her husband? I am not understanding who "he" is. I am assuming you mean she will have her husband served, who I have spoke with through text messages. In the divorce papers, her attorney could type out in detail all the text messages. Is both assumptions correct..
Expert:  INFOLAWYER replied 5 years ago.
She seek to serve papers on her husband    
Customer: replied 5 years ago.

Is it possible the attorney would type up in detail the text messages in their divorce papers...? Isn't that against my privacy?

Expert:  INFOLAWYER replied 5 years ago.
It can be recited in the case. Keep in mind that divorce papers are not accessible to the public. Only to the parties and their lawyers.
Customer: replied 5 years ago.

So to make sure I understand...in court they can recite them but not put them down in writing on the actual divorce papers he is served on and the outcome is on. She is stating that is what is going to happen and she is going to make copies and pass them out to everyone we know.

Expert:  INFOLAWYER replied 5 years ago.
It can be in the papers but a lawyer is not likely to do so.   
Customer: replied 5 years ago.

When you file a restraining order - does it not state where you live etc....right now she does not know. I don't want her to know. But I would like to be able to keep her away from my husband and I if we are out in public.....any suggestions

Expert:  INFOLAWYER replied 5 years ago.
Safest solution is staying away from her and her relations which may give her less reason to pursue you by such order. If you do not pose a threat to her of physical harm, she could not secure such an order even if she had your address.
Customer: replied 5 years ago.
If I secured one against her because I do have threatening text messages from her....would it show my address? She has no reason to get one against me.
Expert:  INFOLAWYER replied 5 years ago.
I suggest you leave it alone and avoid contact with her or through a police report. if you file the order, your address will not show. Kindly accept my answer.

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