Legal Question in Family Law in California
Have I been Served?
My ex has filed a bogus contempt of court complaint against me. He had me served by having someone leave a message on my voice mail. The court date is in 7 days. I have recieved no paper work. Have I been served?
2 Answers from Attorneys
Re: Have I been Served?
The code requires personal service of the OSC in Re Contempt. The Order to Show Cause in Re Contempt must clearly state the allegations upon which the contempt is based. You should retain an attorney if you have the funds before the court date. If you cannot retain an attorney you should appear in court for the hearing and carefully proceed at the hearing. First make sure that you tell the court you are appearing specially to request that the matter be taken off calendar for lack of service. Do not make a general appearance. Also request that the court appoint an attorney to represent you.
Reply: Have I been Served?
In a general sense, in California, a contempt citation must be personally served.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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