Contempt and Process Servers

[victmich]

What is the name of your state? TX

I have a few questions and I hope someone can help me. I have gotten myself into quite a dilema. I am way behind on my child support due to many reasons one of which was being laid off. Anyway when I discussed this with my ex he told me not to worry about it right now and like an idiot I believed him. Now he has filed contempt charges and there is a process server looking for me. I called my attorneys office and her assistant told me that I would have to rehire my attorney for her to take this case because it was a new case. Lord knows if I had the money to rehire her I wouldn't be behind on my child support. One of my questions is would I be allowed a court appointed attorney in this case? Also about the process server.....what happens if he doesn't serve me by the court date? Do they have to prove they served you? Also, isn't there something about the amount of days before the actual court date that you have to be served? Thanks to any and all who respond.

 

[Content]

Let me help with the only 1 I for sure know the answer to


1) NO NO NO they are NOT going to supply you with a public defender or any type of attorney. If you want an attorney then you are going to have to pay for it just like your ex is.

Why haven't you been sending any money for the kid? The child still needs to eat, and have clothes and a roof over their head! A little bit of money would have been better than nothing at all.

 

[krazie_pando]

here's some help

Looking for information for my husband I stumbled across a few websites that may help you. Texas info

Free legal aid in texas, you must quality low income
http://www.lanwt.org/txaccess/fal.asp
(you should check out this website too its a handbook for NCP. Its pretty indeth)

the Texas Attorney General Website.
http://www.oag.state.tx.us/child/qa_ncp.shtml
(this also has a handbook for NCP)


You are going to be responsible for the back CS u didn't pay, and every year its not paid in full they tack on 6% interest. If you find yourself in the situatution again send what you can for CS (even just 20 each paycheck) attempt to pay something. Then contact the attorney general and ask for a review of your income to have it changed. THe thing is you have to go at least 6 months with this hardship for the OAG to consider lowering CS and you can only get your income reviewed every 3 years. Next time don't talk to the CP about the CS he can't do anything about it but use it against you. You should deal solely with the OAG they are the ones setting your CS.

 

[victmich]

Well thanks a lot for assuming I hadn't paid a dime! I simply stated that I was way behind on my child support - I have been paying a little but I am still way behind.

Thanks for the links to the websites - they were helpful except that my CS is not done thru OAG.

Does anyone know about the process server questions?

 

[mom22boyz]

I believe that service must be completed 7 days before the scheduled court hearing or it will be rescheduled for a later date.

 

[safeber]

Process Server

Just who sets the delay time between being served and first day in court? Are business days included only or do weekends count? I understand that you can ask for a continuance, but must show up in court to do so.

If your spouse slaps you with surprise divorce papers and seven days later you must be in court what time do you have to search for a competent attorney? Most of us do work for a living, and given most attorneys schedules are filled weeks in advance what chance do you have? And I would figure that with the expense of a bitter divorce on your hands you need a good attorney. Hell, I spent more than seven days shopping for cheap furniture!!!

Any loop holes for this rediculous time frame?

Thanks

 

[Whyte Noise]

Just who sets the delay time between being served and first day in court? Are business days included only or do weekends count? I understand that you can ask for a continuance, but must show up in court to do so.

If your spouse slaps you with surprise divorce papers and seven days later you must be in court what time do you have to search for a competent attorney? Most of us do work for a living, and given most attorneys schedules are filled weeks in advance what chance do you have? And I would figure that with the expense of a bitter divorce on your hands you need a good attorney. Hell, I spent more than seven days shopping for cheap furniture!!!

Any loop holes for this rediculous time frame?

Thanks

The days vary from state to state based on their Rules of Civil Procedure. Some states count "business days" for cases and other count concurrent days (including weekends) for cases.

If you get slapped with divorce papers and your court date is in 7 days then you must live in a VERY small county with a very SMALL case docket. LOL Cases are usually scheduled months out, not days. Normally, service is done on the other party. Once proof of service is filed with the court THEN a court date is set. It's called due process. A party to a lawsuit (and yes, civil cases involving custody, child support etc. are legally considered as lawsuits) has to have notice of a hearing in order to represent themselves. Again, it's part of "due process". You have a right to be heard.

To victmich... yes; proof of service has to be filed with the court. Why wouldn't he serve you by the court date though? Are you hiding out from them?

 

[victmich]

To Missouri Gal: No not hiding out. Far as I know the server has been to my house 3 times and I have not been at home any of those times. Other family members have been there that is how I know.

 

[Whyte Noise]

If they can't serve it on you personally, then the process server can file an affidavit stating that, and then they can serve the papers on anyone over 16 in the home/at your place of work. Serving another person is permissible in TX if attempts have been made to serve the actual person in the suit. Service by mail is also allowed if personal service has been attempted but not been made. From the Texas Rules of Civil Procedure: (make sure to read part (c) )

RULE 536. WHO MAY SERVE AND METHOD OF SERVICE

(a) Process - including citation and other notices, writs, orders, and other papers issued by the court - may be served anywhere by
(1) any sheriff or constable or other person authorized by law,
(2) any person authorized by law or by written order of the court who is not less than eighteen years of age, or
(3) any person certified under order of the Supreme Court. Service by registered or certified mail and citation by publication must, if requested, be made by the clerk of the court in which the case is pending. But no person who is a party to or interested in the outcome of a suit may serve any process, and, unless otherwise authorized by a written court order, only a sheriff or constable may serve a citation in an action of forcible entry and
detainer, a writ that requires the actual taking of possession of a person, property, or thing, or process requiring that an enforcement action be physically enforced by the person delivering the process. The order authorizing a person to serve process may be made without written motion and no fee may be imposed for issuance of such order.

(b) Unless the citation or an order of the court otherwise directs, the citation shall be served by any person authorized by this rule by:
(1) delivering to the defendant, in person, a true copy of the citation with the date of delivery endorsed thereon with a copy of the petition attached thereto, or
(2) mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the petition attached thereto if any is filed.

(c) Upon motion supported by affidavit stating the location of the defendant's usual place of business or usual place of abode or other place where the defendant can probably be found and stating specifically the facts showing that service has been attempted under either (a)(1) or (a)(2) at the location named in such affidavit but has not been successful, the court may authorize service:
(1) by leaving a true copy of the citation, with a copy of the petition attached, with anyone over sixteen years of age at the location specified in such affidavit, or
(2) in any other manner that the affidavit or other evidence before the court shows will be reasonably effective to give the defendant notice of the suit.

 

[victmich]

Thanks MG - good to know

 

[victmich]

If I get served in one of these different manners that MissouriGal has laid out will I still get a chance to file an answer?

 

[Whyte Noise]

If I get served in one of these different manners that MissouriGal has laid out will I still get a chance to file an answer?

Yes.

I don't know how many days TX gives to respond but it should be on the paperwork. If not, just look up the Rules of Civil Procedure and those should tell ya.

 

[victmich]

Okay**************I just got served. My attorney is gone for the holidays and the papers say our court date is on Monday....this coming Monday the 28th! What the heck am I supposed to do? I obviously can't get ahold of my attorney before Monday if I'm lucky to catch her that morning. Also there is nothing on the papers about my having time to file an answer....I thought that it always said so on the papers. Is there a court date set with no time to file an answer?

 

[Zephyr]

Okay**************I just got served. My attorney is gone for the holidays and the papers say our court date is on Monday....this coming Monday the 28th! What the heck am I supposed to do? I obviously can't get ahold of my attorney before Monday if I'm lucky to catch her that morning. Also there is nothing on the papers about my having time to file an answer....I thought that it always said so on the papers. Is there a court date set with no time to file an answer?

get in touch with you attorney first thing monady morn, what time is court? your attorney can probably easily get a continuance based on when the papers were served and you not having an opportunity to notify him and/or respond

 

[victmich]

It's at 10:00 on Monday. I don't see how I'll get ahold of her in time. What should I do?