Hold My Hand Please

[CJane]

What is the name of your state? MO

Ok, I'm filing Tomorrow.

Here's what I have ready to go:

• Motion for Finding of Contempt of Court (4 copies)
• Order To Show Cause (4 copies)
• One copy of all supporting papers (medical records) - will make 3 more copies
• Money Order for Filing Fees

What I need to know...

I know I'm going to have to have him served. I have found the statute that relates to this...

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.

How and on Whom Made.

Personal service within the state shall be made as follows:

1. On Individual. Upon an individual, including an infant or incompetent person not having a legally appointed guardian, by delivering a copy of the summons and petition personally to the individual or by leaving a copy of the summons and petition at the individual's dwelling house or usual place of abode with some person of the individual's family over the age of fifteen years, or by delivering a copy of the summons and petition to an agent authorized by appointment or required by law to receive service of process.

2. On Conservator. Upon an infant or disabled or incapacitated person who has a legally appointed conservator, by delivering a copy of the summons and petition to the conservator as provided in Rule 54.13(b)(1).

3. On Corporation, Partnership or Other Unincorporated Association. Upon a domestic or foreign corporation or upon a partnership or other unincorporated association, when it may be sued as such, by delivering a copy of the summons and petition to an officer, partner, or managing or general agent, or by leaving the copies at any business office of the defendant with the person having charge thereof or by delivering copies to its registered agent or to any other agent authorized by appointment or required by law to receive service of process.

4. On Public or Quasi-Public Corporation or Body. Upon a public, municipal, governmental or quasi-public corporation or body, by delivering a copy of the summons and petition to the clerk of the county court in the case of a county, to the mayor or city clerk or city attorney in the case of a city, to the chief executive officer in the case of any public, municipal, governmental or quasi-public corporation or body or to any person otherwise lawfully so designated. If no person above specified is available for service, the court out of which the process issued may designate an appropriate person to whom copies of the summons and petition may be delivered in order to effect service.

Acknowledgment of Service.

When a defendant shall acknowledge in writing, endorsed on the process, signed by the defendant's own proper signature, the service of such process, and waive the necessity of the service thereof by an officer, such acknowledgment shall be deemed as valid as service in the manner provided by law. Acknowledgment of service by mail may also be made as provided in Rule 54.16.

I can't find though, how I ask the sheriff to serve him. Does the clerk handle that? The only time I've served anyone, it was in a different county, I didn't have an address, and I CRR'd the filings to his attorney's address.

I'm confused about a few things...

It sounds, from reading the order to show cause, that he's basically guilty until proven innocent. Is that true? It says "and show cause why he should NOT be held in contempt"... it doesn't order ME to show cause why he SHOULD be held in contempt. Seems backwards to me...

Is this like the modification stuff we've been through? Is he given an opportunity to 'respond' in a filing, or does he just show up at the hearing on the date noted?

I'm going to feel a LOT more confident if someone can walk me through a general order of proceedings ... I always do better with a map.

 

[moburkes]

I can't answer your questions, but know that I'm right here holdin' on.

 

[CourtClerk]

What is the name of your state? MO

Ok, I'm filing Tomorrow.

Here's what I have ready to go:

• Motion for Finding of Contempt of Court (4 copies)
• Order To Show Cause (4 copies)
• One copy of all supporting papers (medical records) - will make 3 more copies
• Money Order for Filing Fees

What I need to know...

I know I'm going to have to have him served. I have found the statute that relates to this...



I can't find though, how I ask the sheriff to serve him. Does the clerk handle that? The only time I've served anyone, it was in a different county, I didn't have an address, and I CRR'd the filings to his attorney's address.

Check at the courthouse or ask the clerk at the filing window if there is a Sheriff's office there where you can arrange for service of process. At mine (yeah I know...completely different state) there is an office where you can drop off the papers and the Sheriff's handle it from there.

I'm confused about a few things...

It sounds, from reading the order to show cause, that he's basically guilty until proven innocent. Is that true? It says "and show cause why he should NOT be held in contempt"... it doesn't order ME to show cause why he SHOULD be held in contempt. Seems backwards to me...

OSC hearings are basically... judge this is what I'm accusing him of doing. Now you two go in there and argue to the judge why this is or is not true. I'm trying to think of an easy way to explain it, and while this isn't exactly what I'm trying to say... it's close.

Is this like the modification stuff we've been through? Is he given an opportunity to 'respond' in a filing, or does he just show up at the hearing on the date noted?

There generally is an answer filed then a hearing, but he can just show up... but understand I'm basing that on what goes on in my neck of the woods.

I'm going to feel a LOT more confident if someone can walk me through a general order of proceedings ... I always do better with a map.

Maybe OG will be on later and she will be able to help you. Just know this I have a couple of ***BIG HUGS*** for you. You're doing the right thing. Worry not.

 

[CourtClerk]

Also, check the local phone book for process servers. You can use them also.

 

[LdiJ]

What is the name of your state? MO

Ok, I'm filing Tomorrow.

Here's what I have ready to go:

• Motion for Finding of Contempt of Court (4 copies)
• Order To Show Cause (4 copies)
• One copy of all supporting papers (medical records) - will make 3 more copies
• Money Order for Filing Fees

What I need to know...

I know I'm going to have to have him served. I have found the statute that relates to this...



I can't find though, how I ask the sheriff to serve him. Does the clerk handle that? The only time I've served anyone, it was in a different county, I didn't have an address, and I CRR'd the filings to his attorney's address.

I'm confused about a few things...

It sounds, from reading the order to show cause, that he's basically guilty until proven innocent. Is that true? It says "and show cause why he should NOT be held in contempt"... it doesn't order ME to show cause why he SHOULD be held in contempt. Seems backwards to me...

Is this like the modification stuff we've been through? Is he given an opportunity to 'respond' in a filing, or does he just show up at the hearing on the date noted?

I'm going to feel a LOT more confident if someone can walk me through a general order of proceedings ... I always do better with a map.

I would provide a copy of the filing to his attorney. I would also call the sheriff's office to ask them how to arrange to have them serve someone.

Yes, he will have an opportunity to respond. It will be interesting to see what kind of response he might make.

 

[CJane]

I would provide a copy of the filing to his attorney. I would also call the sheriff's office to ask them how to arrange to have them serve someone.

Can I just drop the copy for his attorney off in person? The Sheriff's office is in the same building as the Courthouse. I'll just go down the hall tomorrow and ask them how to have someone served.

Yes, he will have an opportunity to respond. It will be interesting to see what kind of response he might make.

I can see it now.

He'll ask for a new judge, full custody, and for me to pay for his attorney fees.


If SMom gets served instead, since she's the one who's home 99% of the time, that still counts, yes? It says in the rules of civil procedure that serving ANYONE IN THE HOUSEHOLD who is over 15 counts as service.

 

[CJane]

I can't answer your questions, but know that I'm right here holdin' on.

Thank you. And Thank you to you as well CC.

I hate hate hate conflict. HATE IT. And I know the sh*t is gonna hit the fan in a BIG way as soon as he's served, but I just don't think I can keep on giving him second chances.

 

[CourtClerk]

Can I just drop the copy for his attorney off in person? The Sheriff's office is in the same building as the Courthouse. I'll just go down the hall tomorrow and ask them how to have someone served.

NO!!! ABSOLUTELY NOT!!! because you are a party to the action and that is considered service. On a side note, since he has an attorney, you should be serving the attorney really....

I can see it now.

He'll ask for a new judge, full custody, and for me to pay for his attorney fees.

LOL..no, no and not a chance.

If SMom gets served instead, since she's the one who's home 99% of the time, that still counts, yes? It says in the rules of civil procedure that serving ANYONE IN THE HOUSEHOLD who is over 15 counts as service.

Yes, you may have him Subserved via SMom.

 

[CJane]

NO!!! ABSOLUTELY NOT!!! because you are a party to the action and that is considered service. On a side note, since he has an attorney, you should be serving the attorney really....

I wasn't thinking of that as service... I don't know if he's still using the same attorney - though I have no reason to think he's NOT. If I have to serve him via the attorney, that makes things easier.

Should I do BOTH? Have him served AND his attorney just to cover my bases?

LOL..no, no and not a chance.

He's a crazy person. He'll ask.

 

[CourtClerk]

I wasn't thinking of that as service... I don't know if he's still using the same attorney - though I have no reason to think he's NOT. If I have to serve him via the attorney, that makes things easier.

Should I do BOTH? Have him served AND his attorney just to cover my bases?



He's a crazy person. He'll ask.

If the attorney is still the attorney of record, then have the attorney served. You can do both if you'd like, but here, you have to pay for each person served (just a thought).

We know he's a crazy person... I'm surprised he's not asking for custody of MY son by now.

 

[CJane]

If the attorney is still the attorney of record, then have the attorney served. You can do both if you'd like, but here, you have to pay for each person served (just a thought).

We know he's a crazy person... I'm surprised he's not asking for custody of MY son by now.

If he knew that you used the internets and/or had sex outside marriage and/or looked at him crosseyed, he would be. Trust me.

Ok. I shall serve the attorney. He can pay for the phone call from the attorney to tell him he's been served.

I like that.

And I'll even wait patiently for someone to give me the outline of how this all proceeds.

 

[CourtClerk]

If he knew that you used the internets and/or had sex outside marriage and/or looked at him crosseyed, he would be. Trust me.


Ok. I shall serve the attorney. He can pay for the phone call from the attorney to tell him he's been served.

I like that.

And I'll even wait patiently for someone to give me the outline of how this all proceeds.

Lord let me pack up my kid now. At least that would make MY ex happy. If your ex gets custody, that let's him off the hook for the CS he owes ME.

 

[TinkerBelleLuvr]

It may be different in your state, but I had the local police take the papers to my ex (he is pro se). I know that they have deputies who do this type of work off hours, so the sheriff's office should be able to help you out.

After having read some of your prior threads, I wonder if you ex is a clone of my ex. I had the same thing happening (with CPS workers). It turned out to be the mother of the girlfriend 'helping'.

Good luck!

 

[majomom1]

I can't find though, how I ask the sheriff to serve him. Does the clerk handle that?

cjane... when I filed my Motion for Family Access, in MO, the clerk had the service forms right there. I had to have mine served in KS, but the clerk's office still had the necessary forms. I filled it all out right there with his address and all. They sent it to the Sheriff's office in his county for service.

 

[CJane]

cjane... when I filed my Motion for Family Access, in MO, the clerk had the service forms right there. I had to have mine served in KS, but the clerk's office still had the necessary forms. I filled it all out right there with his address and all. They sent it to the Sheriff's office in his county for service.

Let's hope my county isn't different than yours then. I just really don't expect them to be helpful AT. ALL.