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I am sorry to hear about this situation. When you are looking at the records, does it say that he served you? How - certified mail? Personal process server? Constable? Alternative/substitute service? Or, not sure?This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
If you have a failure to appear, that means you were served. Okay, let's try this another way. Please tell me what site you are looking this up at and, the cause number so I can look it up and perhaps make a little sense of it.
Thank you; one moment please...
What court and what date was this, please? I am getting multiple results.
Thank you. Well, the docket says you were. Is this you filing this:
FILE MOTION TO VACATE THE ORDER MODIFYING DECREE OF DISSOLUTIONThat is your, right?
It does not. Please give me a second? I know the communication is a bit slow. I am going to try to get more information another way - please allow me 3 minutes to see if I can. I will be right back, do not worry.
Thank you. Okay I tried using another database but was not successful as it does not have your county's records in it.
Now, by default the court sees you as served. It never have given a default judgment if it did not think you were.
What someone in your situation can do is simply call the court and request a copy of the records. They can provide it at nominal fee - it is public record.
Likely, what happened is that some process server threw the documents on your yard, and walk off
And put in an affidavit of service stating he served you in hand. Happens all the time.
So what has to happen is that one to file a motion to set aside the judgment (already done), get that judgment thrown out, and the matter for modification reheard. So you are doing exactly what you are supposed to be doing.
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yes and no:
Service can be done in one of four ways:
PRIVATE PROCESS THROUGH HANDCONSTABLE THROUGH HANDCERTIFIED MAILorNEWSLETTER/etc if Petitioner claims that you cannot be found.I am guessing here, this was a faulty service on one of the top three. If you can show that you actually WERE NOT SERVED, then the default may be thrown out.Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Again, what you likely had a was a lazy process server who threw it on your porch, and claimed he served you in hand. If so, the Court may believe you that you were actually never served, and void the default judgment and re-open the modification. Makes sense?Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
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