Again, I'd call the courthouse. But I also have no desire to act in a dodgy manner while "hoping for dismissal". I'm thinking a LOT of posters wouldn't come here with their "So, that happened" stories if they hadn't tried "hoping for a dismissal" at least once.
You know about this! You do not have any deniability about this. It is not up to you to decide if this is a waste of time, it is the court's decision.
Why make this harder than it has to be? Dinking around and forcing the sheriff's dept to come out and serve you, when you know you there are papers for you....IS WASTING the Sheriff's Dept. time and money.
Pot meet kettle!
I'm not denying I know that my ex has filed for a motion to modify. It just isnt my responsibility to make sure I get served just because I know about it. You are right it is the court's decision if it is a waste of their time to hear her motion. In my opinion it is likely the judge who just made the judgement will find it to be a waste of his time. It is certaintly going to be a waste of my time and money if this goes to court.
The person who files a motion pays a fee for the service to be made so it is not costing the Sherrif Department any money so no pot n kettle here.
No, it's not your responsibility to get served, however, why is it necessary to make this more difficult than it has to be??
If you feel you are right, then you should welcome the opportunity to have a judge tell your Ex. that you're right.
I just don't get why you won't just call and arrange to get served....or you can wait to be served at an inopportune moment. Oh well...
If you know of a suit or motion against you, it is almost assuredly in your best interest to deal with it. Ignoring it because of some civil procedure deficiency can be costly. Service is to provide notice and you know. Even if you win on your later motion to overturn the judgment, the judge will determine you knew of the prior action and will not give you any consideration in things decided in equity rather than law.
If on the odd chance I dont get served I dont see the downside for me as long as I stay on top of the status of the motion. If it would happen to get dismissed on its own that would save me the time and money to file an answer/dismiss motion. It may end up saving my ex money also since the judge very well could order her to pay my attorney fees since nothing has changed since he made his judgement in June. The only upside for me to being proactive here is that I could get my answer/dismiss motion filed and hopefully put this all behind me that much sooner...at least until she decides to file again.
In your answer and motion to dismiss, do ask for attorney fees. If you don't ask, you won't get it.
I'm asking because if that attorney has not withdrawn, it wouldn't be IMPROPER for you to be served via fax to that attorney... have you discussed this issue, even in an informal manner, with that attorney? Do you know for certain that attorney has not tried to contact you? Do you see anything at all on Casenet that would indicate service was sent to the attorney?