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Thread: Motion to Dismiss

  1. #46
    Ladyback1 is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    That is not correct. This would not be proper service.
    Like I said....I could be wrong.

    I still don't understand why, if you know about this sort of thing, you would attempt to cheat the system.
  2. #47
    Zigner is offline Senior Member
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    Quote Originally Posted by Ladyback1 View Post
    Like I said....I could be wrong.

    I still don't understand why, if you know about this sort of thing, you would attempt to cheat the system.
    Because the sheriff isn't the only entity that can effect service.
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  3. #48
    CJane is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    Because the sheriff isn't the only entity that can effect service.
    While that IS true, it is the default setting in Missouri courts. You CAN hire a private process server, but it's a cumbersome and expensive process. You can also, as my ex's attorney did - send your paralegal out to serve people. But it's easiest just to let the Sheriff of a given county handle it.

    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.
  4. #49
    Ray246 is offline Member
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    Quote Originally Posted by Ladyback1 View Post
    Like I said....I could be wrong.

    I still don't understand why, if you know about this sort of thing, you would attempt to cheat the system.
    I'm not attempting to cheat the system. I am letting the system run its course. I'm not dodging the server in any way but I am not going to do my ex any favors by going out of my way to be served. Just because I happened to find out my ex filed a new Motion to Modify by looking online doesnt obligate me to proactively get served. While she has every right to file a Motion to Modify she is doing so just because she didnt like the outcome of the judgement that was just handed down last month. She is waisting the courts time and my time as far as I am concerned. She doesnt feel like she should have to pay "any" child support because I make more money than her and because she has travel expenses to fly the kids to where she chose to move too. That was her argument in the last proceeding and the judge obviously didnt agree. They (her and attorney) didnt even present a Form 14 until the day of the trial and said they were only doing so at that time because they were required to do so.
  5. #50
    Ladyback1 is offline Senior Member
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    Quote Originally Posted by Ray246 View Post
    I'm not attempting to cheat the system. I am letting the system run its course. I'm not dodging the server in any way but I am not going to do my ex any favors by going out of my way to be served. Just because I happened to find out my ex filed a new Motion to Modify by looking online doesnt obligate me to proactively get served. While she has every right to file a Motion to Modify she is doing so just because she didnt like the outcome of the judgement that was just handed down last month. She is waisting the courts time and my time as far as I am concerned. She doesnt feel like she should have to pay "any" child support because I make more money than her and because she has travel expenses to fly the kids to where she chose to move too. That was her argument in the last proceeding and the judge obviously didnt agree. They (her and attorney) didnt even present a Form 14 until the day of the trial and said they were only doing so at that time because they were required to do so.
    so, if you aren't served; and the motion isn't dismissed---you're still going to show up for the court date?

    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!
  6. #51
    Ray246 is offline Member
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    Quote Originally Posted by Ladyback1 View Post
    so, if you aren't served; and the motion isn't dismissed---you're still going to show up for the court date?

    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!
    Of course I am going to show up for court if the case isnt dismissed.

    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.
  7. #52
    Ladyback1 is offline Senior Member
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    Quote Originally Posted by Ray246 View Post
    .

    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.
    NOPE....a person can file paperwork stating they are unable to pay the fee, and they don't pay a thing (assuming the paperwork is approved by the judge)

    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...
  8. #53
    tranquility is offline Senior Member
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    Quote Originally Posted by Ray246 View Post
    Of course I am going to show up for court if the case isnt dismissed.

    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.
    The problem is, IF the court does hear the motion without you answering or being there, they will decide against you. NOW, it will be on YOU to prove you were not served. You may win or you may lose. If you lose, game over--you didn't even have a say. If you win, at the cost of the hearing to overturn the judgment, you will be served and have to go through what could have been done now.

    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.
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  9. #54
    Ray246 is offline Member
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    Quote Originally Posted by tranquility View Post
    The problem is, IF the court does hear the motion without you answering or being there, they will decide against you. NOW, it will be on YOU to prove you were not served. You may win or you may lose. If you lose, game over--you didn't even have a say. If you win, at the cost of the hearing to overturn the judgment, you will be served and have to go through what could have been done now.

    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.
    I appreciate your concern. I most definately will end up filing a motion to dismiss and will be in court if it gets that far. What I dont understand from others is why they feel it is wrong for me to wait to get served rather than jump in my car and head to the Sherrif Department to pick up the papers. I fully expect I will get served as I am not that hard to find. I work in one location and I'm home in the mornings and evenings if not running the kids around for activities. I am suprised it has not happend yet.

    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.
  10. #55
    TinkerBelleLuvr is offline Senior Member
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    In your answer and motion to dismiss, do ask for attorney fees. If you don't ask, you won't get it.
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  11. #56
    Ray246 is offline Member
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    Quote Originally Posted by TinkerBelleLuvr View Post
    In your answer and motion to dismiss, do ask for attorney fees. If you don't ask, you won't get it.
    Will do...Thanks!
  12. #57
    CJane is offline Senior Member
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    Quote Originally Posted by Ray246 View Post
    Will do...Thanks!
    Do you currently have an attorney of record?
  13. #58
    Ray246 is offline Member
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    Quote Originally Posted by CJane View Post
    Do you currently have an attorney of record?
    I had one for my previous motion to modify. If it looks like this might go to court or even if it looks like I will need to file an answer/motion to dismiss I will likely obtain one.
  14. #59
    CJane is offline Senior Member
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    Quote Originally Posted by Ray246 View Post
    I had one for my previous motion to modify. If it looks like this might go to court or even if it looks like I will need to file an answer/motion to dismiss I will likely obtain one.
    Did that attorney withdraw?

    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?
  15. #60
    Ray246 is offline Member
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    Quote Originally Posted by CJane View Post
    Did that attorney withdraw?

    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?
    Iím not sure what you mean by withdrawal. That motion was completed and the attorney was paid so I assume that completed our contract for service. I did let them know that I had seen on Case Net that my ex had filed a Motion to Modify. They were able to give me some information on what was filed and requested that I call them when I get served. Case Net shows no attorney information for either one of us for the new motion to modify.

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