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Motion for Enforcement procedure question. Never served court day imminent

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What is the name of your state (only U.S. law)? TX

State Tx

What should one do if he or she was never served couert papers. He or she called and spoke with a reciptionist who looked up the court date, but nothing official was ever passed along. It was a simple phone conversation with someone that is not a part of the courrt. The issue is I had the court date down as the 29th, and the other party is telling me it is on the 27th. I am not too sure now. All day I waited to be served, but nobody came. I called the court house, and spoke with the prosecutor, for lack of a better word, and asked her what I should do, and she looked my name up to check the status of the summons, and told me it came back as unserved. She told me that it was up to me to show up or not show up, that if I didnt they would just try again at a later date. I want to take her word for it, but beilng that she allowed me to discuss the defense i was planning, I cant say I trust her very much. With time being limited, I called a few attorneys, all of them said the same thing, after looking up my info, and that is that going is up to me. The only thing different was the fact that all the attorneys told me that I also had a shot of having the charges dropped. I took that as a sales tactic. Would any of the volunteers like to fill me in? My main worry is that in the Texas State Family Code, it states I could be served by mail if I was required to keep my address on file under chapter 105? Im not too sure what chapter 105 is, so I dnt know if I fall under this category. I dont recall any mail being sent. Would the court have mentioned to me that I was served via first class mail, and given me the date the notice was mailed out? I am eager to get this out of the way, but I do want to have a shot at defending myself therefore I need as much time as I can get to gather, print, provide evidence.

Bonus questions, during Motion for enforcement hearings do I have a right to a discovery hearing> The mother took screen shots of my facebook saying that I went out to eat, and so on sometime over the course of the past mmm 11 years we have had our kids, and i think she turned in a screen shot of my girlfriend saying "thanks to my boyfriend for breakfast this morning, love how he spoils me like this" I didnt think anything bad about those post, but appearently Im rich...they are seeking incarceration.


I also have some questions in regards to affirmative defense(s) listed in the law, but the issue about appearing, and being served is a bit more pressing. Thank you in advance
 


SESmama

Member
Stop whining


https://forum.freeadvice.com/child-support-98/contempt-hearing-basic-questions-optional-sob-story-618114.html
 

stealth2

Under the Radar Member
p/x is VERY interesting. Glad I didn't invest much time in the two new threads...

Dude - you NEED a lawyer.
 

not2cleverRed

Obvious Observer
Keep your threads together.

https://forum.freeadvice.com/child-support-98/affirmative-defense-motion-enforcement-child-support-role-play-618276.html#post3363544

Personally, I'd show.

Even if.

And spare the sob story. Have you been paying anything at all? What *have* you been doing for your children?
 
Keep your threads together.

https://forum.freeadvice.com/child-support-98/affirmative-defense-motion-enforcement-child-support-role-play-618276.html#post3363544

Personally, I'd show.

Even if.

And spare the sob story. Have you been paying anything at all? What *have* you been doing for your children?
g

Yes, I supported them their whole lives, I got sick in 2011, after that it became harder thus allowing me to fall behind. I have no sob stories, I only have questions regarding procedure and what not. I also dont put my post together being that they all touch on a different aspect of the case. I have a meeting with a lawyer btw, I was just looking for some extra info. Thanks for replying.
 

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