Service of COntempt Motion

[Stressssed]

What is the name of your state (only U.S. law)? OH

Post divorce decree. Need to file Contempt motion as other side is not complying with decree. Ex has legal representation. I need to know what I need to do as far as service for the Contempt Motion. Does it need to be served on my ex directly? Or can it be served on their counsel? If it can be served on counsel, can I put on the certificate of service 'hand-delivered', noting the address, and drop it off at ex's lawyer's office myself?

-thx!

 

[KJHOOK13]

Personal service

If you were being represented in this action, your atty would notify (by copy of the Motion in Contempt being filed, along with the hearing date scheduled)your ex's atty and that would qualify as being served. (OK Srs. jump in if I'm wrong - but I do some process serving to help pay my tuition)!

Being that you are handling this pro se, you need to include a Praecipe for personal Service on the Motion, and the clerk of court handles issuance of the process to the process servers. The process servers, whether that be the county sheriff's department or private server firm, needs to serve it according the the Civ R 4.4(A) within 28 days. The proof of service must be endorsed by the process server and returned to the Common Pleas court which would be the applicable court for domestic relations.

KJ

 

[Ohiogal]

If you were being represented in this action, your atty would notify (by copy of the Motion in Contempt being filed, along with the hearing date scheduled)your ex's atty and that would qualify as being served. (OK Srs. jump in if I'm wrong - but I do some process serving to help pay my tuition)!

Being that you are handling this pro se, you need to include a Praecipe for personal Service on the Motion, and the clerk of court handles issuance of the process to the process servers. The process servers, whether that be the county sheriff's department or private server firm, needs to serve it according the the Civ R 4.4(A) within 28 days. The proof of service must be endorsed by the process server and returned to the Common Pleas court which would be the applicable court for domestic relations.

KJ

Not for contempt. You cannot serve attorney with contempt and have that qualify for having perfected service -- the individual needs personally served. Everything else is correct.

 

[KJHOOK13]

Stand Corrected

Ok - got it. Thanks!

 

[Stressssed]

Thanks for the replies. I am pro se. Does anyone have a link to a Praecipe of Service? I don't think I've seen one of them before.
Also, what about the Certificate of Service? If I do a Praecipe of Service, do I also need to include a Cert of Service. If so, how would I word the certificate of service since I don't know how my ex will be served? The reason I ask is I have to go to the court to file and if I don't have the right docs, it's a wasted trip. - thx again

 

[KJHOOK13]

Listen to OG

Ok--See what Ohiogal said? On contempt charges, the service has to be personal service - it cannot be lawyer to lawyer, or certified mail - it has to be through a process server. The praecipe for service is the instruction - the certificate of service is showing that indeed, he was served. The process server will endorse (prove or certify) that he was served and return that to the clerk of courts as proof he was served. There are generally forms that you can download for this at the web-site for your county common pleas court.

 

[Stressssed]

<<<Ok--See what Ohiogal said? On contempt charges, the service has to be personal service - it cannot be lawyer to lawyer, or certified mail - it has to be through a process server. >>>

I understand that. I understand my ex needs to be personally served. That's already been answered. Maybe I didn't ask my follow-up question clearly enough. For the certificate of service, is it enough to put 'personally served' or 'served by process server' or something to that effect?

<<<The praecipe for service is the instruction - the certificate of service is showing that indeed, he was served. The process server will endorse (prove or certify) that he was served and return that to the clerk of courts as proof he was served. >>>

I understand all that as well but having never seen a praecipe of service and the language included in one, I am not sure if it also serves the purpose of a cert of service as well. Are you saying then, that I don't need a certificate of service? That the process server handles that with the clerk of courts? Or does the process server need to something to endorse (e.g.; the certificate of service I need to write up!)?

<<<There are generally forms that you can download for this at the web-site for your county common pleas court.>>>

I searched my county and many other counties in OH. I searched for forms all over the Internet before posting my question on this forum. I understand everyone's time is valuable and try my best to not post questions that have already been asked, or request links for items easily found. I can't find a sample Praecipe of Service. If anyone can post a link to a smaple form, I would be very appreciative - thx.

 

[KJHOOK13]

Try this url

Certificate Of Service PP2-Ohio County (Court Of Common Pleas) forms

I found a sample of a certificate of service form for Common Pleas court in Ohio.

 

[Stressssed]

Hi - hopefully some quick follow on questions to this thread. I am filing Contempt (again) but now NCP has moved to a different county (same state - OH). I am hoping someone can provide a bit of clarification for me: KJHOOK13 provided the following info last time:

"....include a Praecipe for personal Service on the Motion, and the clerk of court handles issuance of the process to the process servers. The process servers, whether that be the county sheriff's department or private server firm..."

I am wondering what I need to do differently since the service needs to be in a different county. Do I request clerk of courts personally serve via the other county's sheriff?

...or because it's a different county, does service now need to be handled by a private firm? ...and if a private firm, does court determine what firm?

Thanks in advance. The info I have received from this forum, both in the responses to my posts and in my reading many of the other posts, has been very helpful.

 

[Stressssed]

Can someone provide me some direction?

"I am wondering what I need to do differently since the service needs to be in a different county. Do I request clerk of courts personally serve via the other county's sheriff?

...or because it's a different county, does service now need to be handled by a private firm? ...and if a private firm, does court determine what firm?"

-thx!

 

[Ohiogal]

Give instructions to the clerk to serve by Sheriff deputy your ex. They will charge you for the service but will know what to do.