FL-610 questions

[Alex1176]

What is the name of your state (only U.S. law)? CA
Hello.
I have recieved S&C.
I want to file an answer fl-610.
Questions:
1. I live 500 miles from the court. Does the dated USPS reciept (of sending the forms by registered mail to the court) is an evidense that I have filed promtly on time (30 days)?
2. Do the "other adult" have to serve SCE and my wife with the court stamped filed copies of the FL-610 or he can use the non stamped copies?
3. Does he needs to serve them also in the 30 days period?
Thank you.

 

[birdbrain53]

Hi

I'm in CA.

You've been served the Summon and Complaint. You have 30 days from the date you were served to respond, including serving the other party, DCSS (Dept of Child Support Services), and file it at the Superior Court that has jurisdiction.

I believe you will have to use personal service (someone that is not a party to the proceedings, process server or a sheriff) to serve the other party, but it can be mailed to the DCSS attorney that is handling the case.

 

[CourtClerk]

You have 30 days from the date you were served to respond, including serving the other party, DCSS (Dept of Child Support Services), and file it at the Superior Court that has jurisdiction.

Well, that part is right.

I believe you will have to use personal service (someone that is not a party to the proceedings, process server or a sheriff) to serve the other party, but it can be mailed to the DCSS attorney that is handling the case.

You believe incorrectly. Responses do NOT have to be personally served. Under any circumstance.

 

[CourtClerk]

1. I live 500 miles from the court. Does the dated USPS reciept (of sending the forms by registered mail to the court) is an evidense that I have filed promtly on time (30 days)?

No because the response needs to be FILED within 30 days, not MAILED within 30 days. In other words, you have 30 days to get it in the court's hands, however, I have yet to see a governmental agency that files a default on day 31.

2. Do the "other adult" have to serve SCE and my wife with the court stamped filed copies of the FL-610 or he can use the non stamped copies?

Responses need to be served PRIOR to filing... therefore you serve a non-stamped copy.

3. Does he needs to serve them also in the 30 days period?

See above.

 

[Alex1176]

No because the response needs to be FILED within 30 days, not MAILED within 30 days. In other words, you have 30 days to get it in the court's hands, however, I have yet to see a governmental agency that files a default on day 31.

I think that I said something wrong. I have a green USPS reciept that the recipient (the court) recieved the forms at a date before the end of the 30 days.

Responses need to be served PRIOR to filing... therefore you serve a non-stamped copy.

At the instructions of FL-610 it said that I need to serve the filed copy. The CSE repesentative told the same as you. I'm realy confused.

Thank you very much for your answers.

 

[birdbrain53]

Well, that part is right.

You believe incorrectly. Responses do NOT have to be personally served. Under any circumstance.

Thank you Court Clerk for your correction.