served with court papers in person but not according to the system..?

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juszcurious

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if i was served with court papers and then two weeks before court i check with the clerk to see if i was served and they tell me that the system says i wasn't served (bc the person who served me didn't fill out an affidavit form to state that i was served). do i still have to go to the court date?
if i was served with court papers and then two weeks before court i check with the clerk to see if i was served and they tell me that the system says i wasn't served (bc the person who served me didn't fill out an affidavit form to state that i was served). do i still have to go to the court date?

-my daughter's father reopened the case because he wants to change the scheduel. we're gonna attend mediation this week which is mandatory i have to show up no matter what. but the court hearing i went to check if it says i was served and the clerk told me it doesn't state that i was served. i like our schedule the way it is cuz it works for my daughter n shes actually going to school on my days only which is every two to three days..if it's an improper service do i still have to go? cuz i asked a sheriff n he said i don't have to show up. !??!?!?!
 
What you are saying is that you were served legally, but the other party failed to file the proof of service. This is not uncommon, and failure to file the proof of service does not invalidate the service of the summons. If the other party brings the proof of service with them to the court and you fail to appear, they can have a default judgment entered against you and you will have no valid legal defense for having the default judgment thrown out. You can only argue failure of service in the event of an actual failure of service.

Note: Improper service means that you weren't served at all, the wrong person was served, or you weren't served within the time limits. Failure to file the proof of service does not make it an improper service. The proof of servic3 is for THEIR benefit, not yours. If you claimed that they were never served and they were not able to show a proof of service, then they'd have to start over. You were served, however, and I guarantee that they will bring the proof of service to court, and if you aren't there, I guarantee they will get a default judgment against you. If you have any doubts about what I'm telling you, I strongly urge you to check with a lawyer before skipping out on court. "A Sheriff said I don't have to go" is not usually accepted as a valid argument by a judge or commissioner.
 
What you are saying is that you were served legally, but the other party failed to file the proof of service. This is not uncommon, and failure to file the proof of service does not invalidate the service of the summons. If the other party brings the proof of service with them to the court and you fail to appear, they can have a default judgment entered against you and you will have no valid legal defense for having the default judgment thrown out. You can only argue failure of service in the event of an actual failure of service.

Note: Improper service means that you weren't served at all, the wrong person was served, or you weren't served within the time limits. Failure to file the proof of service does not make it an improper service. The proof of servic3 is for THEIR benefit, not yours. If you claimed that they were never served and they were not able to show a proof of service, then they'd have to start over. You were served, however, and I guarantee that they will bring the proof of service to court, and if you aren't there, I guarantee they will get a default judgment against you. If you have any doubts about what I'm telling you, I strongly urge you to check with a lawyer before skipping out on court. "A Sheriff said I don't have to go" is not usually accepted as a valid argument by a judge or commissioner.
 
If what you say is true you do not have to go to court. However, depending on how corrupt your jurisdiction is, they may consider you served. In any case, they will proceed as if you were served and then you'll need a lawyer to agrue the improper service.
 
Hell yes you still have to go to court! Never miss court! Depending of if it is a civil or criminal matter you could either lose, meaning the other party is automatically awarded whatever it is they are trying to get or take or you could get a warrant put out for your arrest if its criminal. Always go to court.
 
No as long as you hae written evidence to prove they have no records of it, I think you may like to visit the site below and lear a bit about it.
 
No as long as you hae written evidence to prove they have no records of it, I think you may like to visit the site below and lear a bit about it.
 
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