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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102161
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I'm Lacey. Here about almost a month ago, I was supposed

Customer Question

Hello, I'm Lacey. Here about almost a month ago, I was supposed to meet my ex husband so I could get my daughter for my week. We had joint custody, week on/week off, neither of us had to pay child support. We were supposed to meet at 6pm, but when the
time rolled around, he didn't show up. I tried calling his phone, but it was out of order, so I called and texted his new wife several times, but still got no answer. I sat there until 6:45 and notified my ex husband and his wife I was headed home and to get
ahold of me when I needed to get my daughter. Saturday came, I called and texted, still no answer. Sunday morning, I wake up to a text from him Saying I no longer had joint custody and that I now had supervised visitation and that I was 5 months behind on
child support. I literally thought they had the wrong number and asked what they were talking about and they didn't tell me. I looked myself up on odcr.com public records and come to find out he filed back in March and said that I failed to appear...I was
never served papers... Just would like to know how this could've happened without my awareness and right to fight in court.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
He told me my lawyer had tried to get in contact with me several times, but the lawyer I had over a year ago is no longer my lawyer..if they had talked to him, then why didn't my last lawyer tell them I was no longer his client?And I still have my lawyers office and cell number saved in my phone and I never received a phone call or voicemail from him. Please, I just need some advice and legal opinion. Thank you.
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

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.

Customer: replied 1 year ago.
It doesn't show that I ever got served.
Expert:  Ely replied 1 year ago.

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.

Customer: replied 1 year ago.
Www.odcr.com case number *****
Expert:  Ely replied 1 year ago.

Thank you; one moment please...

Expert:  Ely replied 1 year ago.

What court and what date was this, please? I am getting multiple results.

Customer: replied 1 year ago.
Pottawatomie OK
Customer: replied 1 year ago.
Date filed was 12/10/2012
Expert:  Ely replied 1 year ago.

Thank you. Well, the docket says you were. Is this you filing this:

FILE MOTION TO VACATE THE ORDER MODIFYING DECREE OF DISSOLUTION

That is your, right?

Customer: replied 1 year ago.
I got an attorney and we filed, but where does it show that I was served and how does it say I was served?
Expert:  Ely replied 1 year ago.

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.

Customer: replied 1 year ago.
Anything before 8/19/2015 is him
Expert:  Ely replied 1 year ago.

Thank you. Okay I tried using another database but was not successful as it does not have your county's records in it.

Expert:  Ely replied 1 year ago.

Now, by default the court sees you as served. It never have given a default judgment if it did not think you were.

Customer: replied 1 year ago.
How could that be?
Expert:  Ely replied 1 year ago.

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.

Expert:  Ely replied 1 year ago.

Likely, what happened is that some process server threw the documents on your yard, and walk off

Expert:  Ely replied 1 year ago.

And put in an affidavit of service stating he served you in hand. Happens all the time.

Expert:  Ely replied 1 year ago.

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.

Expert:  Ely replied 1 year ago.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Customer: replied 1 year ago.
By law they have to physically, personallyhand me the papers though
Expert:  Ely replied 1 year ago.

yes and no:

Customer: replied 1 year ago.
In the state of Oklahoma it is a law
Expert:  Ely replied 1 year ago.

Service can be done in one of four ways:

PRIVATE PROCESS THROUGH HAND
CONSTABLE THROUGH HAND
CERTIFIED MAIL

or

NEWSLETTER/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.

Expert:  Ely replied 1 year ago.

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.

Customer: replied 1 year ago.
Ok. Thank you so much!
Expert:  Ely replied 1 year ago.

You are very welcome. Good luck, and please don't forget to RATE my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please use the REPLY or SEND button to keep on chatting – I want you to be satisfied.