Like I said....I could be wrong.That is not correct. This would not be proper service.
I still don't understand why, if you know about this sort of thing, you would attempt to cheat the system.
Like I said....I could be wrong.That is not correct. This would not be proper service.
Because the sheriff isn't the only entity that can effect 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.
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.Because the sheriff isn't the only entity that can effect service.
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.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.
so, if you aren't served; and the motion isn't dismissed---you're still going to show up for the court date?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.
Of course I am going to show up for court if the case isnt dismissed.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!
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).
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.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.
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.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.
Will do...Thanks!In your answer and motion to dismiss, do ask for attorney fees. If you don't ask, you won't get it.
Do you currently have an attorney of record?Will do...Thanks!
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.Do you currently have an attorney of record?
Did that attorney withdraw?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.
I’m 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.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?