getting served

[rompervt]

What is the name of your state?TX

Ok...so my girlfriend's dad is in Minnesota and he's trying to serve my gf's mom down here, and she's doing vice versa. he is very adamant about getting my gf's mom to sign the papers first. i know that the papers that she is serving him contains a restraining order. Could her receiving the papers first make the restraining order null and void? he is persistant about it, and we are trying to figure out why. So if you could help, i would appreciate it.

Oh yeah...and don't tell me that this is none of my business and to stay out. I've already been told that, and I'm so far in this that i don't want to get out. my gf needs my support.

 

[LdiJ]

What is the name of your state?TX

Ok...so my girlfriend's dad is in Minnesota and he's trying to serve my gf's mom down here, and she's doing vice versa. he is very adamant about getting my gf's mom to sign the papers first. i know that the papers that she is serving him contains a restraining order. Could her receiving the papers first make the restraining order null and void? he is persistant about it, and we are trying to figure out why. So if you could help, i would appreciate it.

Oh yeah...and don't tell me that this is none of my business and to stay out. I've already been told that, and I'm so far in this that i don't want to get out. my gf needs my support.

Its possible, depending on state law, that it doesn't depend on who gets served first, but rather on who filed first.

 

[rompervt]

ok...so if it depends on who files first..what about this situation?

my gf's dad is in Minnesota, and we are not sure if Minnesota law documents when papers are filed. The rumor is that they are documented once her mom signs the papers. But in Texas, we think that paperwork is documented once everything is intially filed. Does anyone have any concrete statutes/laws/paperwork/documents on this situation?

Thanks

 

[LdiJ]

ok...so if it depends on who files first..what about this situation?

my gf's dad is in Minnesota, and we are not sure if Minnesota law documents when papers are filed. The rumor is that they are documented once her mom signs the papers. But in Texas, we think that paperwork is documented once everything is intially filed. Does anyone have any concrete statutes/laws/paperwork/documents on this situation?

Thanks

Every court in every state documents WHEN a case is filed. The question is whether the state considers that the case is official once the suit is filed, or once the other party is served.

Whether or not her mother "signs papers" is kind of irrelevant to the issue....because that doesn't determine service.

 

[rompervt]

"Every court in every state documents WHEN a case is filed. The question is whether the state considers that the case is official once the suit is filed, or once the other party is served.

Whether or not her mother "signs papers" is kind of irrelevant to the issue....because that doesn't determine service."


So if Texas considers that the suit is filed, and Minnesota considers it once the other party is served, and she hasn't accepted the papers from Minnesota and has already filed, does that mean that she "wins"?

 

[LdiJ]

"Every court in every state documents WHEN a case is filed. The question is whether the state considers that the case is official once the suit is filed, or once the other party is served.

Whether or not her mother "signs papers" is kind of irrelevant to the issue....because that doesn't determine service."


So if Texas considers that the suit is filed, and Minnesota considers it once the other party is served, and she hasn't accepted the papers from Minnesota and has already filed, does that mean that she "wins"?

No, it just means that the case will be heard by Texas instead of Minnesota.

However you still didn't answer the question. Who filed first?

 

[rompervt]

I personally think that her father filed first. The server arrived at my gf's mom's house on Tuesday to give her mom the papers, and she filed Tuesday, but couldn't get the people to serve her father the same day. Assuming that TX officially reports once the suit is filed, and Minnesota reports once the papers are accepted, and also assuming that her father filed first, then where will the case be heard?

 

[LdiJ]

I personally think that her father filed first. The server arrived at my gf's mom's house on Tuesday to give her mom the papers, and she filed Tuesday, but couldn't get the people to serve her father the same day. Assuming that TX officially reports once the suit is filed, and Minnesota reports once the papers are accepted, and also assuming that her father filed first, then where will the case be heard?

Honestly, I think that most likely a TX judge would defer to Minnesota if the case was filed there first. However that isn't 100% guaranteed.

Why are they fighting over where the case is heard? Other than the hassle of traveling to another state to litigate the case is there some specific reason? This may be a whole lot of "much ado about nothing".

 

[rompervt]

because my gf, mom and her brother have all been abused, her mom's attorney feels that Texas would be a little more sympathetic in dealing with the division of assets, etc. Her father was caught cheating on several occasions, has admitted to others, and is threatening to throw his own son in jail because his son wants to talk to him and would be stepping foot on his mistress' property. down-right piece of scum. The lawyer said that it would be better to have everything done here in TX, but I'm beginning to think that the lawyer is just blowing smoke because he might not want to do the work to take the case up in Minnesota...it might just be too much of a hassle for him. We're just trying to do what is in the best interest of my gf and her family, and make him pay for what he's done. So there is a possibility that since her mom isn't accepting the papers, and that Minnesota may not document when the papers where filed (and all that jazz), if the case does get filed here in TX, there is still a chance that it could be moved to Minnesota?

 

[stealth2]

but I'm beginning to think that the lawyer is just blowing smoke because he might not want to do the work to take the case up in Minnesota...it might just be too much of a hassle for him.

Wouldn't be any hassle at all for him since, unless he's licensed in MN, he can't do a damned thing up there.

 

[rompervt]

so are you saying that if the case gets moved to Minnesota, then the lawyer will be worthless?

 

[stealth2]

so are you saying that if the case gets moved to Minnesota, then the lawyer will be worthless?

Yep, that would be right.