Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I'm Lacey. Here about almost a month ago, I was supposed

Customer Question
Hello, I'm Lacey. Here about...
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: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Customer reply replied 2 years 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.
Answered in 1 hour by:
8/28/2015
Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,955
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified

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.

Ask Your Own Legal Question
Customer reply replied 2 years ago
It doesn't show that I ever got served.
Lawyer: Ely, Counselor at Law replied 2 years 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.

Ask Your Own Legal Question
Customer reply replied 2 years ago
Www.odcr.com case number *****
Lawyer: Ely, Counselor at Law replied 2 years ago

Thank you; one moment please...

Ask Your Own Legal Question
Lawyer: Ely, Counselor at Law replied 2 years ago

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

Ask Your Own Legal Question
Customer reply replied 2 years ago
Pottawatomie OK
Customer reply replied 2 years ago
Date filed was 12/10/2012
Lawyer: Ely, Counselor at Law replied 2 years 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?

Ask Your Own Legal Question
Customer reply replied 2 years 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?
Lawyer: Ely, Counselor at Law replied 2 years 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.

Ask Your Own Legal Question
Customer reply replied 2 years ago
Anything before 8/19/2015 is him
Lawyer: Ely, Counselor at Law replied 2 years ago

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

Ask Your Own Legal Question
Lawyer: Ely, Counselor at Law replied 2 years ago

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

Ask Your Own Legal Question
Customer reply replied 2 years ago
How could that be?
Lawyer: Ely, Counselor at Law replied 2 years 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.

Ask Your Own Legal Question
Lawyer: Ely, Counselor at Law replied 2 years ago

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

Ask Your Own Legal Question
Lawyer: Ely, Counselor at Law replied 2 years ago

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

Ask Your Own Legal Question
Lawyer: Ely, Counselor at Law replied 2 years 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.

Ask Your Own Legal Question
Lawyer: Ely, Counselor at Law replied 2 years 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.

Ask Your Own Legal Question
Customer reply replied 2 years ago
By law they have to physically, personallyhand me the papers though
Lawyer: Ely, Counselor at Law replied 2 years ago

yes and no:

Ask Your Own Legal Question
Customer reply replied 2 years ago
In the state of Oklahoma it is a law
Lawyer: Ely, Counselor at Law replied 2 years 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.

Ask Your Own Legal Question
Lawyer: Ely, Counselor at Law replied 2 years 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.

Ask Your Own Legal Question
Customer reply replied 2 years ago
Ok. Thank you so much!
Lawyer: Ely, Counselor at Law replied 2 years 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.

Ask Your Own Legal Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,955
102,955 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

102,955 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I am a member of an MLM company. They have changed a policy
I am a member of an MLM company. They have changed a policy about the return process. I submitted a resignation two weeks ago. Am I held to this new policy or do they need to honor the former policy t… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am being harassed over social media and my wife and her
I am being harassed over social media and my wife and her family are as well. A young lady I went to high school with many years ago is falsely accusing me with some sort of sexual assault allegations… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
Have a shared driveway with two other houses we are the only
have a shared driveway with two other houses we are the only one maintaing it,plowing etc.dont they need to help … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,266 satisfied customers
I just want to talk to someone about the traffic accident
I just want to talk to someone about the traffic accident that was very minor (no damage to my car) … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,553 satisfied customers
I had an assault misdemeanor dropped down to a violation. I
I had an assault misdemeanor dropped down to a violation. I have the disposition am I safe from background checks. I can send picture of disposition. Very confused need explanation. Is this guaranteed… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,553 satisfied customers
I have Tuffts Medicare Preferred for my medicare insurance.
I have Tuffts Medicare Preferred for my medicare insurance. AFter a slip n fall accident I settled without a lawyer for 30,000 and paid Tuffts 5,000. Medicare sent me a letter today that I have to rep… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,266 satisfied customers
I want to remove a trustee for giving money to a family
I want to remove a trustee for giving money to a family member that did not repay it. I have been told its a crime to go the DA and hire an attorney to remove her. I have no money to pay legal fees an… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
Social Security spousal retirement application. My fiancé
Social Security spousal retirement application. My fiancé whos 63 has asked me when she can apply for spousal (or ex spousal retirement benefits). She would like to suspend her own until 70+-. They we… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
Is a husband allowed just kick you out the house, because he
Is a husband allowed just kick you out the house, because he is tired of you? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,389 satisfied customers
Does the decision of An appealed judgement to the SJC accrue
Does the decision of An appealed judgement to the SJC accrue Interest from the date the judgement was entered if the appeal is denied … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
I had a concept for a business idea and asked if another
I had a concept for a business idea and asked if another lady would like to join and do it together. This was early last year and no contracts were entered in to. I had full intentions of proceeding w… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I am done with my Federal Sentence and Am on Probation.
I am done with my Federal Sentence and Am on Probation. There was cooperation that I did not get credit for...now they want me to testify..do I have to? They said if I don't I could go back to jail.. … read more
Ely
Ely
Counselor at Law
102,955 satisfied customers
I have a question in regards to a Parent Loan that was made
Hello, I have a question in regards ***** ***** Parent Loan that was made by my father from 2005 to 2010. During those years, my father asked me to sign the application on behalf of him because he was… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
My boyfriend got arrested last night.I want to get him
My boyfriend got arrested last night.I want to get him bailed out but his brother claims he has a hold in Fairfield,alabama. He is currently in the birmingham city jail.what can I do? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Is it common practice for a lawyer send a case to probate,
Is it common practice for a lawyer send a case to probate, if they cannot find the original will? Even if they have signed, notarized copies of the original will?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
How can I sue someone who was in an accident in my car, got
How can I sue someone who was in an accident in my car, got it towed and abandoned it at the tow yard … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Can us marshals kick in door to serve subpoena, but subpoena
Its my brother but I live with him so I want to know all that can happen … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My ex has HPV and herpes (which he knew and infected both
My ex has HPV and herpes (which he knew and infected both his ex-wife and me with). He is now sleeping w countless women for “revenge sex” bc I wouldn't go back to him. Is there anything I can or shou… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x