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Counter Petition means nothing?

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flgirl32

Junior Member
What is the name of your state? Texas

After following proceedures of filing counter petition, trying to get Respondent served, having her roomates and employer deny service, the Petitioner called up the courthouse to see what should be done next.

The district clerk told him:

1. Only the original petition is relevant to the judge. If the Respondent (original Petitioner) wishes to give a false address to the whereabouts of the Petitioner (original Respondent), she could, and when he is unable to be served the judge would basically give her everything she asks for in her petition due to other party not showing up.

2. If the Petitioner cannot find Respondent to serve her, he will just have to stay married to her.

3. It would cost upward of $200 to have the court constable even attempt to serve her at her parents house, and the parents could not accept the papers for her anyway.

The judge is the same judge who is friends with the Respondents parents. Although there is no proof of favoritism, the parents are notorious for filing lawsuits and sending out kickbacks.

Sounded like a bunch of hooey to me, wondered if anyone could help?

Thanks from a grateful person.
 


seniorjudge

Senior Member
flgirl32 said:
What is the name of your state? Texas

After following proceedures of filing counter petition, trying to get Respondent served, having her roomates and employer deny service, the Petitioner called up the courthouse to see what should be done next.

The district clerk told him:

1. Only the original petition is relevant to the judge. If the Respondent (original Petitioner) wishes to give a false address to the whereabouts of the Petitioner (original Respondent), she could, and when he is unable to be served the judge would basically give her everything she asks for in her petition due to other party not showing up.

2. If the Petitioner cannot find Respondent to serve her, he will just have to stay married to her.

3. It would cost upward of $200 to have the court constable even attempt to serve her at her parents house, and the parents could not accept the papers for her anyway.

The judge is the same judge who is friends with the Respondents parents. Although there is no proof of favoritism, the parents are notorious for filing lawsuits and sending out kickbacks.

Sounded like a bunch of hooey to me, wondered if anyone could help?

Thanks from a grateful person.

If you are the respondent and you want to file a counter petition, there is no need to serve the petitioner/plaintiff since that is the party who started the lawsuit and who is already in it.

Send the counterpetition to the address of the lawyer for the plaintiff/petitioner on the first set of pleadings filed.
 

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