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I just found out today that i have court tomorrow to defend…

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i just found out today...
i just found out today that i have court tomorrow to defend myself against false claims someone made against my wife and I in an ex parte order in the interest of my kids and also a custody hearing @9am but have not been "formally" served by a constable. Only found out because the lawyerfrom the other side called me today to tell me I have court in the morning. and I'm not prepared at all and this is a major case, they might take my kids without visitation but I still have to pay child support to my parents. What do I do. Do I go even though a constable hasn't served me papers? Because on the county courthouse website it still has me listed as "unserved" I have no lawyer yet and don't want to go in and get ran over by the judge and lawyer on my parents side.
Submitted: 3 months ago.Category: Family Law
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Answered in 8 minutes by:
3/22/2018
Family Lawyer: Bill Attorney, Lawyer replied 3 months ago
Bill Attorney
Category: Family Law
Satisfied Customers: 2,613
Experience: Attorney
Verified

Dear Customer,

Thank You for posting your civil procedure question this evening.

I'm attorney Bill assisting you this evening.

If you haven't been served correctly with the custody motion you can move for dismissal of their case tomorrow and the court should dismiss the case. If you had consented to alternative service in the past i these proceedings such as email or through your own attorney the court could rule that you have been effectively served; this is just an exception to the normal rules of service.

You can also request a postponement tomorrow due to the late service, the matter is unlikely to proceed tomorrow as I outlined.

As you are listed as unserved the case should be postponed but making a court appearance and outlining the facts will persevere your legal interests.

You could also phone opposing counsel and they are likely to agree to request a postponement tomorrow,

We are here to help so please follow up with me as required.

In return your positive rating is what gives me a credit.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Best

Attorney Bill

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Customer reply replied 3 months ago
Here is what the lawyer from the other side TRICKED me into meeting her to give mehttps://photos.app.goo.gl/UUYkM0fttcS8Boln2
Nothing is filled out and no court date on any paper
Family Lawyer: Bill Attorney, Lawyer replied 3 months ago

Yes, if you have a document for me to review please attach this to the question and I will make a review offer as additional documentation is an extra service due to the time involved.

You may have been personally served with process but the laws on service require a non-party to personally service you with the process .

I would need to review this document so please send it through.

In return your positive rating is what gives me a credit.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Best

Attorney Bill

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