First, I live in California.
I was just informed that I will be going to court for a Order to show cause (OSC). for modification of support and additional child care money. Along with a host of other useless requests from my Ex-Wife. However, the papers filed with the court show that the documents were MAILED to me on September 7. The Hearing date is October 23. But the strange part is the post mark on the Envelope is OCTOBER 14.
Couple of questions:
Don't I have to be rightfully served?
Don't I have due process and should have the papers a full 30 days?
Is the incorrect/misleading date some sort of fraud?
If you are a lawter and want to assist me in court, please let me know.Does anyone know if there are legal issues with false service dates for court papers?
You need to go to ask a Lawyer.com. I do believe you have the postmark going in your favor.
I feel for you because you are already supporting your child and struggling to get by yourself. Now this arrogant Queen thinks she needs a new car for her 20 year old boyfriend to drive around in and wants you to buy it through the quise of child support money. That;s my take on it.Does anyone know if there are legal issues with false service dates for court papers?
Go down to the courthouse and bring in the paper and the envelope show the date difference and ask your questions or just call and ask if you could fax it if you can't leave work. If you got an attorney call and ask them. That is what they are paid to do, help you with your legal questions.
Hearing dates don't require proper ';service'; in the form you are referring, just subpoenas and summons (when the case is initially filed). Subpoenas can be served via certified mail or by an actual process server, and summons can only be served by a process server. So if this is just a notice of hearing, it doesn't really matter when it was mailed. If it's a summons or subpoena, confirm with an attorney that it was improperly served and/or contact the judge (courthouse employees will not speak to you regarding legal matters). I would still recommend showing up to court however; judges aren't too lenient when you don't make an effort.
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