Civil Motion, Contempt of Court

[Ladyback1]

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

So....I filed a motion of contempt against my Ex-husband (failure to pay his 1/2 of medical bills for 2 or so years)

Since I am currently pro se, I followed the directions for filing provided by the MT Legal library.

Ex has been served (by a Sheriff's Deputy in the County where he lives).
In his response, he cites MCA 25-3-101 which states
As used in parts 2 and 3 of this chapter, the following definitions apply:
(1) "Notice" includes all papers and orders (except process) required to be served in any proceeding before any court, board, or officer or required by law to be served independently of such proceeding.
(2) "Process" includes all writs, warrants, summonses, and orders of courts of justice or judicial officers.

He has a copy of the parenting plan that spells out that he owes 1/2 of any out-of-pocket medical expenses, he has received my numerous requests (w/ copies of the paid receipts) for payment....
Should I have sent him a copy of my "complaint" (petition) prior to filing it with the court??

I do have an email in to an attorney friend for clarification, however, it is the weekend....and I'm concerned I did something incorrectly

 

[sandyclaus]

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

So....I filed a motion of contempt against my Ex-husband (failure to pay his 1/2 of medical bills for 2 or so years)

Since I am currently pro se, I followed the directions for filing provided by the MT Legal library.

Ex has been served (by a Sheriff's Deputy in the County where he lives).
In his response, he cites MCA 25-3-101 which states
As used in parts 2 and 3 of this chapter, the following definitions apply:
(1) "Notice" includes all papers and orders (except process) required to be served in any proceeding before any court, board, or officer or required by law to be served independently of such proceeding.
(2) "Process" includes all writs, warrants, summonses, and orders of courts of justice or judicial officers.

He has a copy of the parenting plan that spells out that he owes 1/2 of any out-of-pocket medical expenses, he has received my numerous requests (w/ copies of the paid receipts) for payment....
Should I have sent him a copy of my "complaint" (petition) prior to filing it with the court??

I do have an email in to an attorney friend for clarification, however, it is the weekend....and I'm concerned I did something incorrectly

Nope.

When you served him with a copy, it should already have been filed, and the next step once he got it would naturally be to respond or answer the complaint.

He must be claiming that he wasn't properly served SOMETHING in the case. What does the response say with regard to the cite?

 

[Ladyback1]

He must be claiming that he wasn't properly served SOMETHING in the case. What does the response say with regard to the cite?

This is what he says in his response: First I would like to address the fact that under MCA 25-3-101 regarding service in a civil procedure Ms. ______ did NOT provide service to me regarding this petition prior to filing the petition with the court. My first notice of anything in this matter was the summons to appear issued by the court, which I received on 8/13/2013 at approximately 2:00PM

 

[TinkerBelleLuvr]

This is what he says in his response: First I would like to address the fact that under MCA 25-3-101 regarding service in a civil procedure Ms. ______ did NOT provide service to me regarding this petition prior to filing the petition with the court. My first notice of anything in this matter was the summons to appear issued by the court, which I received on 8/13/2013 at approximately 2:00PM

He's saying that you never presented the bills prior to the summons. If you have your information, then it will be proven false in court.

 

[Ladyback1]

He's saying that you never presented the bills prior to the summons. If you have your information, then it will be proven false in court.

Oh good grief! He's not the sharpest tool in the shed then...he acknowledges later on in his response that he received my requests for payment!

 

[latigo]

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

So....I filed a motion of contempt against my Ex-husband (failure to pay his 1/2 of medical bills for 2 or so years)

Since I am currently pro se, I followed the directions for filing provided by the MT Legal library.

Ex has been served (by a Sheriff's Deputy in the County where he lives).
In his response, he cites MCA 25-3-101 which states
As used in parts 2 and 3 of this chapter, the following definitions apply:
(1) "Notice" includes all papers and orders (except process) required to be served in any proceeding before any court, board, or officer or required by law to be served independently of such proceeding.
(2) "Process" includes all writs, warrants, summonses, and orders of courts of justice or judicial officers.

He has a copy of the parenting plan that spells out that he owes 1/2 of any out-of-pocket medical expenses, he has received my numerous requests (w/ copies of the paid receipts) for payment....
Should I have sent him a copy of my "complaint" (petition) prior to filing it with the court??

I do have an email in to an attorney friend for clarification, however, it is the weekend....and I'm concerned I did something incorrectly

1. Yes you are indeed confused, but understandably so. Court and procedural rules can be highly puzzling not only to the layperson but lawyers as well. However, in your state of confusion you might be better informed by engaging in a discussion about these issues with your next door neighbor than to do so with sandyclaus who admittedly has never seen the inside of a law school and is thus no less confused.*

2. So please don’t add to the confusion by likening your “motion in re contempt” to that of a “complaint”. Just because SC latched on to your misnomer doesn’t make it so.

And particularly so in that a motion does not necessitate the issuance of a “summons”. This in spite of the ex’s statement that he received a summons to appear in court!

A summons is issued upon the commencement of an action precipitated by the filing of a complaint. Not upon the filing of a motion.

What the ex did receive obviously is either an Order to Show Cause (issued by the court) to appear before the court at a time and place certain and show cause, if any he has, why your motion should not be granted, or

A Notice of Hearing on the motion as set by the clerk of the court. Copies of either of which must be served along with copies of the motion and affidavit.

But ALSO in addition to the filing of the motion and affidavit Montana’s Uniform District Court Rules (R2 (a) requires that “The moving party shall file a supporting brief upon filing a motion.” To which can be attached documents supporting the motion. Now whether this rule applies to domestic cases such as this I cannot say, but it is there in black and white.

3. Is there any substance to the ex’s argument that he didn’t receive a copy of your motion (complaint) prior to being served with “summons to appear” (sic)? No.

4. “Should you have sent him a copy of the motion and affidavit before filing it with the court? No. Normally when it is necessary to effect personal service upon the respondent the copies should reflect (via the clerk’s stamp) that they are copies of the filed originals.

But since the ex has filed a written response to your motion any discrepancies in the processes of filing the motion, service of process upon the ex and proof of such service processes are now moot.

In this regard also note that the ex’s citations of the Montana Rules of Procedure pertain only to definitions and that here there is no legal significance of which you should be concerned.
_______________

In sum, by doing this solo I fear you have put yourself to sea in very unfamiliar waters making the likelihood of success problematical. I hope otherwise, but the odds – that is the chances of you having complied with all of these arcane court rules – don’t seem favorable.

Also, you should have considered adding to your motion a request that the court grant you a money judgment against the ex for whatever amounts are found due and owing.

Plus the thought of retaining an attorney with the likelihood that the court could tax the ex with the payment of your legal fees.

_________________


[SUP][*] No, I'm NOT a legal professional, but I have had a strong interest in all things legal for sometime. Sandyclaus profile World Law Direct[/SUP]

 

[Ladyback1]

I filed a Petition for Contempt.
I had him served with the Order to show cause.
I did file a supporting brief, along with documentation to well...support my petition.
As a part of my motion, I did ask for a judgement granting monetary relief for any monies owed, as well as for the judge to hand down any other "punishment" that was felt to be appropriate. (which can be revocation/suspension of Driver's license, fine, jail time and/or community service).

I realize that a person who represents themselves has a fool for a client. However, I do work in the legal community these days (albeit criminal side) and did not just go this alone. I did not get the Ex's response until after work!

 

[latigo]

I filed a Petition for Contempt.
I had him served with the Order to show cause.
I did file a supporting brief, along with documentation to well...support my petition.
As a part of my motion, I did ask for a judgement granting monetary relief for any monies owed, as well as for the judge to hand down any other "punishment" that was felt to be appropriate. (which can be revocation/suspension of Driver's license, fine, jail time and/or community service).

I realize that a person who represents themselves has a fool for a client. However, I do work in the legal community these days (albeit criminal side) and did not just go this alone. I did not get the Ex's response until after work!

Then the "odds" disfavor the deadbeat weasel that seems to be starring as the fool.

Good luck and Go Griz! (Or Cats)

Let us know how it plays out, please.