I got served - help!!!!

[victmich]

What is the name of your state? TX

I sort of have the same thing going in the child support thread, but didn't know if everyone that looks at this thread also looks at that one.

Anyway, hope this is okay.

I just got served with court papers with a court date of Monday morning the 28th! I don't know what to do. My attorney has already left her office for the holiday weekend. Also, there is nothing in the papers about my getting a chance to file an answer. Is that not the norm anymore? I am kind of in a state of panic at this time...can anyone help me?

Also when I went down to Human Resources to get served I had to walk through the waiting room at the hospital and my ex and his wife were sitting there! What is up with that? So wife says I have been avoiding being served and they drove over an hour to make sure my car was in the parking lot so that I couldn't say I wasn't here either like I have had others supposedly saying for me the few times the process server came to my house. Is this weird or what?

 

[BelizeBreeze]

Go to court monday and ask for a continuance due to the fact that you have not had time to file an answer to the summons.

 

[CJane]

In your other thread, you appear to be saying that you were intentionally avoiding service so that you could claim ignorance of the case... and you ARE in contempt. What are you hoping to accomplish with the delay?

 

[victmich]

I realize that I am in contempt. I understand that. And no I wasn't avoiding service I honestly wasn't at home when the server came by. I just want time to have my attorney go over the paperwork and get her opinion on it because some of the counts contained in the papers are not correct.

Also I was wondering what happens if my ex tries to say that I was avoiding then what do I say or do?

 

[betterthanher]

I realize that I am in contempt. I understand that. And no I wasn't avoiding service I honestly wasn't at home when the server came by. I just want time to have my attorney go over the paperwork and get her opinion on it because some of the counts contained in the papers are not correct.

Well you should check with your state statutes to make sure the hearing being scheduled was not in conflict with statutes (depending on hearing, usually need no less than 28 days).

Also I was wondering what happens if my ex tries to say that I was avoiding then what do I say or do?

What do you mean "what do you say"? SO you're looking to lie and make your situation worse? If your ex can prove she has tried to serve you at various places, it will look like you were avoid being served. SO, depending on when they started to attempt to serve you, if they would've located you at first, you might have had enough time to prepare for this hearing.