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Served on Wednesday afternoon (before holiday)

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blossom4792

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

I received a "motion to transfer" from another state (Virginia) on Wednesday afternoon by email (the idea is to transfer issues of custody and visitation to this state). The hearing is on next Friday. (Rules say I have to have 7 days notice). I have a few questions:

1. The ex had 30 days after the divorce decree to transfer retirement assets and we're now on day 40; we've been preparing a contempt order, but I have no time to get it to this hearing. Could I ask for a continuance?

2. Since it's a holiday and I've been out of town and haven't signed for any mail, can I claim I didn't get 7 days notice? Isn't it a little bit unscrupulous to serve me an hour before everyone leaves for the holiday weekend? (4PM by email on Wednesday).

3. How do I find a lawyer in another state on a holiday weekend? Any divorce lawyers in Fairfax ... contact me asap!

ty!
 


LdiJ

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

I received a "motion to transfer" from another state (Virginia) on Wednesday afternoon by email (the idea is to transfer issues of custody and visitation to this state). The hearing is on next Friday. (Rules say I have to have 7 days notice). I have a few questions:

1. The ex had 30 days after the divorce decree to transfer retirement assets and we're now on day 40; we've been preparing a contempt order, but I have no time to get it to this hearing. Could I ask for a continuance?

2. Since it's a holiday and I've been out of town and haven't signed for any mail, can I claim I didn't get 7 days notice? Isn't it a little bit unscrupulous to serve me an hour before everyone leaves for the holiday weekend? (4PM by email on Wednesday).

3. How do I find a lawyer in another state on a holiday weekend? Any divorce lawyers in Fairfax ... contact me asap!

ty!
Does anyone here know of any state that allows service by email?:confused:
 

justalayman

Senior Member
I haven't heard of any.


blossom, what court is this in? The rules of service should be specified in their rules of civil procedure and it should specify how you must be notified
 

blossom4792

Junior Member
amen on that.

The form said it was being mailed the same day (to arrive Friday, yesterday, one week before the hearing, as required). But isn't it a holiday weekend? Is it reasonable to assume I'll be available to sign for it? (Does it sound ... suspicious as in intentional?)
 

blossom4792

Junior Member
This is Fairfax County, Virginia.

The form says ... "reasonable notic shall be in writing and served at least seven days before the hearing. Counsel of record shall make a reasonable efort to confer before giving notice of a motion to resolve the subject of the motion and to determine a mutually agreeable hearing date and time."

and

"Pursuant to rule ... a motions pleading shall be deemed served when it is actually received by, or in the office of, counsel of record through delivery, mailing, or facsimile transmission, not when it is mailed or sent."

then the front certifies that it was mailed on November 24th to all counsel of record ...

for the record, my attorney had already left for the long weekend when this arrived by email (if it was sent to him at all, which I don't think it was) and he didn't work on Friday.

But gang, what about the contempt of court issue, doesn't this sound like a good opportunity to postpone and get that heard?
 

justalayman

Senior Member
The form said it was being mailed the same day (to arrive Friday, yesterday, one week before the hearing, as required). But isn't it a holiday weekend? Is it reasonable to assume I'll be available to sign for it? (Does it sound ... suspicious as in intentional?)
well, I was going to try to find the requirements but you didn't answer my question so, based on what you just posted:

unless you received it by a properly accepted method of service by the 26, you would have full rights to seek a continuance. Friday was not a holiday. Thursday was. Depending on what court this is, there may be no requirement to sign for it. If it is required you sign for it and you haven't, you haven't been properly served the notice.
 

blossom4792

Junior Member
I apologize, I thought I had answered ... it is the Circuit Court of Fairfax County, Virginia; it is the time period for Domestic/Family Law cases. Your original post must have come as I was typing.
 

blossom4792

Junior Member
OK and again under "Certificate of Service" it says it shall be deemed served when it is actually received (underlined) by, or in the office of, counsel of record through delivery, mailing, or facsimile transmission; not when it is sent.
 

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