mailing date serve Respondent with OSC ?

[zerocookie]

What is the name of your state? California

Hi,

my ex-wife served per recommend mail/return receipt me with an OSC for a modification of child support. The letter was send on December 16, 2003 (postmarked on the enveloppe). Since I was not home, I had to pick-up the letter at the Post office. I did on December 22nd. The court hearing is set for January 12, 2004. She filled a first OSC on October 30th with hearing date on December 8, 2003 (stamp on form FL-300), a second OSC was filed on November 7th, 2003 with hearing date on January 12, 2004. The second OSC bears the hand written word "RESET". Is this OSC valid? I am not sure, but I thought that she needs to serve me 30 days (business days?) before the hearing date? Is this a reason for dismissal of this OSC? Thank you

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

Hi,

my ex-wife served per recommend mail/return receipt me with an OSC for a modification of child support. The letter was send on December 16, 2003 (postmarked on the enveloppe). Since I was not home, I had to pick-up the letter at the Post office. I did on December 22nd. The court hearing is set for January 12, 2004. She filled a first OSC on October 30th with hearing date on December 8, 2003 (stamp on form FL-300), a second OSC was filed on November 7th, 2003 with hearing date on January 12, 2004. The second OSC bears the hand written word "RESET". Is this OSC valid? I am not sure, but I thought that she needs to serve me 30 days (business days?) before the hearing date? Is this a reason for dismissal of this OSC? Thank you

My response:

Are you saying that she served the OSC by mail, with an enclosed "Notice and Acknowledgment of Receipt" form?

If that's what you're saying, she's a real Dufus!

The OSC can ONLY be "personally served" - - that means, someone must hand it to you.

DO NOT sign and return the "Notice". Since she can't prove to the court that she had you "personally served"; i.e., she can't file a proper "Proof of Service" form with the court, then the court DOES NOT have jurisdiction over you for purposes of the hearing on the OSC.

You really need to hire an attorney for this. At least, get a consultation, will you? We can't guide you through this quagmire she's causing.

IAAL

 

[zerocookie]

yes, she served me per mail (recommended and return receipt). In the letter, she filled two FL-300 , one stamped Oct 30th by the Court with hearing date Dec. 8, another FL-300 stamped Nov 7, 2003 by the Court with the handwritten word "RESET". In the package were also (completed by her) a FL-310, her declaration, a FL-150, a FL-155, a custody calendar. (we have joint legal and physical custody, 70% with her, 30% with me). All stapled together.

Then (I guess for me) there was an endpaper "NOTICE, all the following forms are left blank and must be served on the respondent along with a copy of the documents you have filed", another page entitled "How to respond to order to show cause or notice of motion, 1. COMPLETE THE FORMS, 2. SERVE A COPY ON THE OTHER PARTY, 3. FILE THE PAPERS." Then blank forms FL-320, FL-150, FL-155, and a blank form VN-120 "PROOF OF SERVICE"