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jrsmin

Junior Member
What is the name of your state (only U.S. law)? Minnesota

Today I received a letter from a Law Firm stating I am to appear in court on a specific day in Feb. regarding something dealing with my divorce which was finalized about 2 years ago. Apparently from my ex. Is this a legal service via regular us post mail and what happens if I don't show?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Minnesota

Today I received a letter from a Law Firm stating I am to appear in court on a specific day in Feb. regarding something dealing with my divorce which was finalized about 2 years ago. Apparently from my ex. Is this a legal service via regular us post mail and what happens if I don't show?
Just a plain old letter? It may very well be proper service.

It is never wise not to show up in court. You risk the other party getting everything that they ask for if you do not.
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Minnesota

Today I received a letter from a Law Firm stating I am to appear in court on a specific day in Feb. regarding something dealing with my divorce which was finalized about 2 years ago. Apparently from my ex. Is this a legal service via regular us post mail and what happens if I don't show?
'Something dealing with my divorce' could be anything. What does it say?

I would suggest talking with an attorney, at least briefly. If you can't do it before the hearing date, then you should show up at the hearing and ask for an extension until you've had a chance to talk with counsel.
 
If the case has already begun and you are a party, you don't need to be "served" but "noticed". If you have an attorney, he should be the one who gets the letter or fax (if agreed to) to provide notice but if you are not represented by council, you would. A letter would be proper notice.
 

garrula lingua

Senior Member
If the case has already begun and you are a party, you don't need to be "served" but "noticed". If you have an attorney, he should be the one who gets the letter or fax (if agreed to) to provide notice but if you are not represented by council, you would. A letter would be proper notice.
Did you check Minnesota law before posting this ???
In most states, after a Judgment is entered, the client must be served, not the attorney.
Also, parties have to be served (sometimes, served with 'Notice" of hearing, etc).

OP, they have to serve you with whatever paperwork they filed with the court. If I were you, I'd go down to the courthouse (or have a friend go) and review the file. You can check on whatever Motion may have been filed and what they are requesting.
Get your Court case number from your prior Judgment and get ye to the courthouse.
The important thing about 'service' is that some people fib (including attorneys, by stating they did serve the party, whether personally or by mail, with all docs filed with the court).

The court may enter a default Judgment (give the party who appeared whatever they requested), even though they may not have served the other party.

Watch out for your own interest. Don't get sidetracked on whether service was proper (never mind WHAT was served).
It's too time-consuming and expensive to file a motion to set-aside a Judgment & sometimes a Judge will believe that service was good, ergo the default stands.
Cover your butt and check the court file. If the file isn't readily available, the clerk can tell you what Motions were filed and what hearing dates may be pending.
 

arnolds1234

Junior Member
Divorce is a major life change that can leave a person reeling. Suddenly being on your own to deal with issues such as money, children, career changes and downsizing the family home can seem overwhelming.
 
I think garrula lingua is correct. I thought I understood through my reading that a party only needs notice (or their representative) and not service and that a family court will, in whatever judgment it issues, maintain jurisdiction over questions related to the decision. (Alimony, child support, etc.) I can't find support for the proposition that a person is still a "party" needing only "notice" based on the continued jurisdiction so I'll have to defer to the senior member who makes a lot of sense. In my defense, service to a party can be a letter dropped in the mail by following certain procedures without the papers being dropped in front or handed to the person.

It doesn't seem right to me that a person can be hailed into court years after a judgment with only a letter.
 
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