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Notice of Motion

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Andy Muniz

Guest
What is the name of your state? ny. Whildropping my ten year old off at school, my mother in law approached us in my car and handed my son an envelope and asked him to give it to me. I did not open it immediately, but later on found out that it was a "Notice of Motion" which states that a motion will be made on Dec. 5th 2002 for an order granting a judgement of divorce. I do not have the finances to get an attorney by next week. Do I have to respond to this motion in writing to her attorney? or should I show up at court on the Dec. 5th date and attempt to have it adjourned while I seek legal representation? This case is venued in the wrong county, since none of us reside, live or work in Brooklyn. Furthermore her attorney is located in Manhattan. I don't know why it is taking place in Brooklyn. Can Ihave this changed? I believe I was served improperly in the first place, how do I respond? Can I handle this until I seek legal representation or can she commence this action on Dec. 5th 2002?
 


stephenk

Senior Member
you would need to file an objection to the hearing based on improper service of the notice. service cannot be made on a minor.
 

stephenk

Senior Member
is the mother in law a party to the motion? If yes, then service is improper again, because a party to an action cannot be the person giving personal or substituted service.
 
Change of venue..

Regarding the act of 'service'.. yes, you could argue about it being handed to a minor.. but really what the law says is that no minor can perform or sign the "Proof of Service" form which your soon-to-be ex-MILaw has no doubt signed and turned in by now. The judge might give them a verbal slap on the hand and then want to get to business on your case.

What you need to petition the judge for are two specific items.. (1) ask for a Change of Venue. Your argument is that this motion was filed in the wrong county is presents an undue burden on you. (2) ask for a "Continuance To Seek Counsel". (not an adjournment, an adjournment is simply a 15 minute break or end of session until next session.) Your argument for Continuance is that you need sufficient time to find affordable counsel and properly respond to the issues involved in the divorce.

Don't allow yourself to get side-tracked in court about the serving of the papers.. you'll only waste time and distract the judge, possibly even p*ss him off. Just state clearly the two requests you have and your reasons as stated above.

Then find an affordable attorney, or if you can't afford one.. make an appointment with a free facilitator (often an attorney) at the Clerk's office to get guidance on handling your case "In Pro Per" .. in other words, representing yourself.
 

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