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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37490
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My exhusband filed a civil sue against me back in May. He

Customer Question

My ex'husband filed a civil sue against me back in May. He filed to sued under the name and the proof of service waas rejected.The court clerk I spoke told I didn't have to appear due to the fact for th name that was on the court papers. I check the case on the web site yesterday and he has amended the court papers. Wouldn't he have to serve mea summons in which he hasn't and should I appear for the court date?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to respond to each point hat you brought up in order listed.

My ex'husband filed a civil sue against me back in May. He filed to sued under the name and the proof of service waas rejected.The court clerk I spoke told I didn't have to appear due to the fact for th name that was on the court papers.

The clerk was correct with what she stated. If proof of service was rejected, you are not properly served and you have no basis or obligation to appear, you can instead wait until you are properly served by the opposing party.

 

I check the case on the web site yesterday and he has amended the court papers. Wouldn't he have to serve mea summons in which he hasn't and should I appear for the court date?

You are correct on the first point--ANY amendment to a petition has to be served on you, and he has to prove to the courts that he properly served the documentation. Failure to do so likewise makes for improper service and does not then require you to appear in court. You therefore could still choose to appear, waive the service requirements, and avail yourself to the court, OR you can choose to not appear (as you weren't served) and then later pursue a motion to set aside (if he manages to prevail) specifically on the basis that he never once properly served you for this hearing.

 

Good luck.

 

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37490
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 11 other Legal Specialists are ready to help you
Expert:  Dimitry K., Esq. replied 1 year ago.

Rosanne,

Thank you for your follow-up. You asked in your other post:

So I really should appear in court so he don't get his judgement, but doesn't he have to file the sued in the county which I live in?
---
You are really asking two separate issues here. You DO NOT have to appear, but you may want to appear so as to avoid a future judgment and a means of pursuing a methods of setting it aside. He likewise has to sue either in the courthouse that issued the custodial decree, or where you reside. The other reason why appearing in court might not always be wise is if you do appear, that is considered as if you formally submitted to that court's discretion and that means that the court is now able to hear the case. If you want to contest the jurisdiction of that case and who is hearing it, appearing then might not be wise.

Good luck.

Expert:  Dimitry K., Esq. replied 1 year ago.

Rosanne,

You asked:
---

I'm sorry but my compuer is acting up. You answered my question of .proof of service. Would be better to appear in court and tried to get it dimissed due to his fraudant attemped to get a judgement in his favor for me not appearing. I know you proably think I' m nut, but I 'm not! He is a

 

a snake and will do anything to get what he wants even to falsefity paper work. I just need want to make sure he does't get the judgement in his favor and I don't have to deal with his little games anymore.

---

I do not think you are a nut at all. Especially with spouses it is quite often a situation where the parties may attempt to pull fast ones on each other, avoid service, or otherwise attempt to obtain an unfair advantage. In this situation if you are simply trying to make sure he doesn't obtain a judgment against you, then appearing in court may make more sense as that would end up ensuring that you have your proverbial day in court and could explain the situation to the judge directly.

 

Good luck and please be well. If satisfied please do not forget to positively rate as otherwise I do not receive credit for my work. Thank you and please be well.

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