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If a court citation states it was unserved, at the time of

the set court date, will...
If a court citation states it was unserved, at the time of the set court date, will court date be reset?
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Answered in 2 minutes by:
7/2/2013
Tina
Tina, Lawyer
Category: Criminal Law
Satisfied Customers: 33,167
Experience: JD
Verified

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.

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Customer reply replied 4 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

Tina
Tina, Lawyer
Category: Criminal Law
Satisfied Customers: 33,167
Experience: JD
Verified
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Thanks again and all the best to you.

Tina

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Tina
Tina
Tina, Lawyer
Category: Criminal Law
Satisfied Customers: 33,167
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Experience: JD

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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