I Was Served Papers

[jamieraleigh]

What is the name of your state? Missouri

My wife and I have been separated since June of last year. Neither of us could afford to make it official, but had talked about an amicable divorce with joint custody of our four-year-old daughter. However, she recently borrowed the money from her grandfather and got an attorney and filed. The paperwork with which I was served basically ignored everything that she and I had verbally agreed upon. I spoke with someone at the courthouse who told me that I had 30 days to file some kind of a reply or they would get some kind of a judgement against me. First of all, can somebody explain what this judgement would be? Second of all, since I can't really afford an attorney, can somebody explain how I would file this reply on my own?

I really appreciate any help that I can get.

Jeff Davis

[LdiJ]

Originally Posted by jamieraleigh

What is the name of your state? Missouri

My wife and I have been separated since June of last year. Neither of us could afford to make it official, but had talked about an amicable divorce with joint custody of our four-year-old daughter. However, she recently borrowed the money from her grandfather and got an attorney and filed. The paperwork with which I was served basically ignored everything that she and I had verbally agreed upon. I spoke with someone at the courthouse who told me that I had 30 days to file some kind of a reply or they would get some kind of a judgement against me. First of all, can somebody explain what this judgement would be? Second of all, since I can't really afford an attorney, can somebody explain how I would file this reply on my own?

I really appreciate any help that I can get.

Jeff Davis

If you don't respond, then she could possibly get exactly what she is asking for, by default. Therefore you need to respond.

You really should find some kind of way to get any attorney. If you cannot, then you need to use their motion as a template to respond, and specifically agree or disagree with each of the points made.

[jamieraleigh]

Thank you for your reply. I'll use their papers as a template, as you suggested.

Where would I send the response?

[seniorjudge]

Originally Posted by jamieraleigh

Thank you for your reply. I'll use their papers as a template, as you suggested.

Where would I send the response?

You file the original with the court and you send copies to the other lawyer.

Make sure you include a certificate of service.

Google.

[TinkerBelleLuvr]

Do NOT serve her directly; a third party must do so. Make sure that a copy goes to her attorney.

The copy of service is vitally important.

[JakeB]

Originally Posted by Ginny J

Do NOT serve her directly; a third party must do so. Make sure that a copy goes to her attorney.

The copy of service is vitally important.

Ummm, the OP wouldn't be serving process, so there would be no need to have a 3rd party serve anything. The OP needs to file the answer with the court (and include a certificate of service, which is basically a statement saying that a copy was mailed by first class mail to the other side), and then drop a copy of the answer addressed to the opposing lawyer in the mailbox. That's it.

[CourtClerk]

Originally Posted by JakeB

Ummm, the OP wouldn't be serving process, so there would be no need to have a 3rd party serve anything. The OP needs to file the answer with the court (and include a certificate of service, which is basically a statement saying that a copy was mailed by first class mail to the other side), and then drop a copy of the answer addressed to the opposing lawyer in the mailbox. That's it.

Wrong... the OP dropping a copy in the mail would constitute the OP serving, which would (in most states) constitute a violation of the civil code of procedure. A third party needs to do the dropping in the mail.

[JakeB]

Originally Posted by CourtClerk

Wrong... the OP dropping a copy in the mail would constitute the OP serving, which would (in most states) constitute a violation of the civil code of procedure. A third party needs to do the dropping in the mail.

You have no idea of what you're talking about. Third parties are required to serve process, not answers.

[CourtClerk]

54.13. Personal Service Within the State

(a) By Whom Made. Service within the state, except as otherwise provided by law, shall be made by the sheriff or a person over the age of 18 years who is not a party to the action.

I don't????

[StampGirl]

Originally Posted by JakeB

You have no idea of what you're talking about. Third parties are required to serve process, not answers.

NO YOU have no idea what you are talking about. See the item CourtClerk cited??? CC only deals with that crap every single day at work. SHEESH.

I have had to respond and file so much nonsense in regards to my divorce that YES someone ELSE needs to mail the paperwork THEN file the form that states it was mailed at the courthouse. For example: My mom mailed the response to my Ex's latest escapade. She then filed the paperwork with the court clerk stating she was the one who mailed it.

Check your facts dear.

[CourtClerk]

Jake seems to think that none of us know what we're talking about and we hang out here to get our jollies off. Check the posting history. Apparently, he's the most accurate person on this site... with less than 20 posts.

I'm almost sure that if we were consistently wrong, Admin would have pulled our card by now.

[JakeB]

Originally Posted by CourtClerk

54.13. Personal Service Within the State

(a) By Whom Made. Service within the state, except as otherwise provided by law, shall be made by the sheriff or a person over the age of 18 years who is not a party to the action.

I don't????

No, for the second time, you don't. You also don't copy and paste very well since you seemed to have forgotten the words "of process" in that rule:

(a) By Whom Made. Service of process within the state, except as otherwise provided by law, shall be made by the sheriff or a person over the age of 18 years who is not a party to the action.

Second, the correct rule in this case is not 54.13, but 43.01:

43.01 Service of Pleadings and Other Papers

(c) Service - How and by Whom Made. Attorneys and non-represented parties shall state in the signature blocks of their pleadings their current mailing addresses, telephone numbers, facsimile numbers, and electronic addresses. This information shall be kept current at all times. Service may be directed to any of these addresses, except service to an electronic mail address. Service to an electronic mail address can only be made on those filing a consent to such service substantially in the form of Civil Procedure Form No. 17.

Unless otherwise ordered by the court, service required by Rules 43.01(a) and 43.01(b) may be made in the following manner:

(1) Upon the attorney:
(A) By delivering a copy to the attorney;
(B) By leaving a copy at the attorneys office with a clerk, receptionist, or secretary or with an attorney employed by or associated with the attorney to be served;
(C) By facsimile transmission;
(D) By electronic mail to a consenting attorney; or
(E) By mailing a copy to the attorney at the attorneys last known address;

(2) Upon a party:
(A) By delivering or mailing a copy to the party;
(B) By facsimile transmission;
(C) By electronic mail to a consenting party; or
(D) By serving a copy in the manner provided for service of summons in Rule 54.13.

I don't see anything about third parties. Do you? Notice the word "or" right before the last part pertaining to Rule 54.13. It means serving pursuant to Rule 54.13 is an option, but is not a requirement!

[JakeB]

Originally Posted by StampGirl

NO YOU have no idea what you are talking about. See the item CourtClerk cited??? CC only deals with that crap every single day at work. SHEESH.

FYI, court clerks are basically secretaries. They sort files, timestamp pleadings, make copies, etc. They are not experts on court rules or procedure.

[CourtClerk]

Originally Posted by JakeB

FYI, court clerks are basically secretaries. They sort files, timestamp pleadings, make copies, etc. They are not experts on court rules or procedure.

Is that right? Then I guess that year long schooling the court made me go through was just to learn how to timestamp... google it... judicial assistant. A little more than a secretary and I haven't time stamped a document in years...

I don't make coffee, I don't make copies and I don't sort files, I have a courtroom assistant that does that... and my paycheck shows it.

[CourtClerk]

And an answer...is a pleading that contests the petition... that requires SERVICE.