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Question about serving Contempt of Court Papers

Redsonya's picture

Submitted by Redsonya on Mon, 04/16/2012 - 7:22pm

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Hi -

BM is supposed to serve DH today to meet the 21-day notice requirement before their scheduled May 7 court date. She did not file a proper proof of service the last time and DH didn't show up to court - so it was rescheduled. This is typical for her - she tends to do whatever she wants and will probably wait until the week before the court date to serve him so there is no way for him to get a response in. What is DH's recourse if she serves him later this month? Does he have to show up or can he report the problem to the court somehow to move the court date?

Ex4life's picture

Submitted by Ex4life on Mon, 04/16/2012 - 11:17pm

Always show up for a court date. He needs to show that he was not properly served. One of two things will happen. He will be allowed longer period of time to get his response in so they will reschedule the hearing. Theother option is that the judge may dismiss the case and she will have to refile again.