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Do i have to attend to court even though i was never served?Will my daughter father win by default if i dont go?
Anonymous2 views3 answers
I found out online that my daughters father wanting to go to court for custody.He knows my address to where i live but sometime in December the sheriff went to my apartment at the time i was away for vacation to serve me but he couldnt because i wasnt home,but didnt leave no notes or anything at my door to notify me that he had step by.so i looked online that the sheriff stopped by and made multiple attempts to serve but noone as at home.So there was a court date that was sometime in january as no service calendar and it was listed as continued.So i dont know what that meant.So now i have a court date for this wednesday as listed as no service calendar,what should i do?
It is important that you show up for the hearing. It is also important that you know what the hearing is in regards to so that you can be prepared. It would be wise to get legal counsel and take an attorney to court to represent you. If your daughter's father has an attorney present, it is possible that you will be ambushed in court so be prepared.
It does not sound as if service was proper but the bottom line is that you know about it. Depending on when you found out, you could ask for additional time to prepare since service of process may not have been proper. You should get legal help today because it is often hard to get a lawyer to go to court on short notice. An attorney can also advise you on how to deal with this.
Kind regards,
Wes Hill
(678) 994-4091
You should hire counsel immediately to monitor this case. If he lied about one thing, he can lie about another. It only takes a few lies to a Judge to wind up with a Judgment over you without your knowledge. It is much easier to prevent this from happening than it is to fix it after it does happen. For instance, if he tells the Judge that you cannot be found, the Judge may authorize substitute service by publication in the legal paper. That will assure that the case goes forward without your knowledge. An attorney can help you avoid being ambushed by making an appearance and getting all notices of hearings, and filing necessary pleadings for you. If the times comes that this matter goes to court on the merits, you do not want to do so without counsel.
Ikemesit Amajak EyoFamily Law AttorneyAlpharetta, GA ·
A "no service calendar" means that the Defendant was NOT served and the Plaintiff must either take some other measure for serving the defendant or the case will be dismissed. You do NOT have to show up for that calendar.
That being said, the fact that you now know there is a case pending means that you have notice. You could continue as if you were unaware; but that will only delay the case, not prevent it. (Even if the case gets dismissed, the father would have to right to re-file it.) A better option would be for you to contact the Plaintiff's attorney or the court to obtain a copy of the complaint, file a voluntarily acknowledgment of receiving a copy of the complaint (which only means that you have a copy, and does NOT mean that you agree with what he says in it), and proceed as if you were served.
