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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 02-26-2018, 02:47 PM
sunnyday123 sunnyday123 is offline
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Default Contempt motion served by mail

Hello,

I know contempt motion must be served by special service. What can you do when the documents have been just put in your mailbox or brought directly to your workplace and left with somebody from your workplace?

I am dealing with a person who has been harassing me for years. When you know where somebody leaves, are you allowed to go to his workplace just to make sure you make people curious about the case and, in a certain way, harm that person's reputation?

Can you ask a contempt motion be dismissed because it was not served properly? I hope so, otherwise this rule would not exist.

Thank you.
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Old 02-26-2018, 03:40 PM
MommaMouse MommaMouse is offline
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You can ask for anything. Chances are it wonít be dismissed based solely on the information youíve provided best case, if you can prove you didnít have sufficient time to prepare a response because of the method you were served than it might be postponed. But if you respond by asking for a dismal...than the judge may decide you had enough time to respond to the allegations and move forward
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Old 02-27-2018, 09:40 AM
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Janus Janus is offline
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Is this really a hill to die on? The point of service is to make you aware of the proceedings. You are aware.


You are unlikely to lose a contempt motion in family law. Spend your energy going to court and ask for costs.


In the event that your actions are such that a contempt motion could possibly succeed, then stop whatever nonsense you are doing.


I get your point, but family law is a bit different than other aspects of law. Procedure matters a lot less in family law. In criminal law, you can easily win a case through a technicality. Even contract law between businesses can be won or lost on little details. That is substantially less likely when dealing with a family law matter; frustrating as it is, the rules matter a lot less.
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