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I have just received a letter from Cobb Superior Court (GA)granting my ex her motion for contempt against me (this is a Divorse)which was heard on October 13, 2009. My question is this, I never received a letter from the court or by my ex (pro se) of this court date(I'm also pro se)although when I filed my papers I sent them to her by certified mail it came back to me undeliverable. What recourse do I have now sinse it is awarded to her? Is there away that I can get my counter motion heard since I had filed this against her? There has to be some way this can be re heard. John

Submitted: 146 days and 12 hours ago.

Category: Legal

Value: $18

Status: CLOSED

Posted by Wayne Patterson 146 days and 12 hours ago.

Answer

You need to go to the court and file a motion for a rehearing of the contempt order based on lack of service of the court date. I can't speak to what you have filed since by both of you trying to do this without an attorney there is no way to tell what the current situation is. This is not really something that you try to be doing on your own. You need to retain an attorney.

146 days and 11 hours ago.

Reply

Let me get this straight, since I never received notification of this court date all I need to do is file a "Motion for a Rehearing of the Contempt order" based on lack of service of the court date. Even though the Judge ruled and stated in her last paregraph " my Counterclaim for Contempt is DISMISSED?

Posted by Wayne Patterson 146 days and 11 hours ago.

Answer

If you were never notified of the hearing, you can ask for a rehearing. However, the court should have notified you so check with the clerk to see what happened.

146 days and 11 hours ago.

Reply

So, If I check with the clerk and they tell me it was sent out what do I do then since I never got notified by the court or by my ex. There is no way that I can prove that I didn't receive it, unless it had been sent certified , that is what I did and it was returned to me after the postman tried another address.

Accepted Answer

You need to fine out what happened at court and then go from there. Until you know for sure everything is just guesswork.

Expert:	Wayne Patterson
Pos. Feedback:	98.4 %
Accepts:	2608
Answered:	10/21/2009

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If you were never notified of the hearing, you can ask for a rehearing. However, the court should have notified you so check with the clerk to see what happened.

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Accepted Answer

You need to fine out what happened at court and then go from there. Until you know for sure everything is just guesswork.

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