Legal Question in Family Law in California

I have court date for a custody matter coming up yet the petitioner has yet to serve me but states that he contracted a 3rd party to serve me but they have not served me with my court papers either. Court is coming up but I do not know what was said about me or time and room where the case is going to be presented. What should I do?


Asked on 10/24/13, 6:41 pm

1 Answer from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

If you were not served, the Court will not issue an order against you. If you can, check the court's website and see if a false proof of service was filed. If so, you can have recourse. If not, you can either not go to the hearing and hope that the judge notices the defect in service, or you can make a special appearance, challenging the court's jurisdiction to hear the matter, based on your not having been served. Either way, it's a strategy call. I suggest you get a lawyer.

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Answered on 11/05/13, 3:43 pm


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