S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: Chances of winning motion to set aside  (Read 7359 times)

Spaceman1982

  • Jr. Member
  • **
  • Posts: 89
  • Karma: -94
    • View Profile
Chances of winning motion to set aside
« on: Jun 06, 2012, 10:07:27 AM »
So my ex filed a motion to set aside the December order. 2 days before the cut off. Stating she was never physically served. My at the time attorney had mailed her the motion to two addresses and I emailed her the week of the hearing. She didn't show to court in December but the judge said the mailing and even my email sufficed and ruled for her to have supervised visits and me sole. She even went to Donnas House in mid January to sign up for visits and they told her since she waited more than 30 days to sign up she had to see our judge to get reinstated for visits yet she has waited til now to file and says I won let her see the kids and I ignore her emails. I do ignore the when can I see my kids emails cause she knew the court said supervised and I didn't want to fight with her.


Simplydad

  • Jr. Member
  • **
  • Posts: 110
  • Karma: -9
    • View Profile
Re: Chances of winning motion to set aside
« Reply #1 on: Jun 06, 2012, 12:24:49 PM »
If the notices were sent certified mail there is very little she will be able to do.  You are require by law to serve her but if I am not mistaken you only have to do so at the address she states she resides at.   Ignoring the letter is not enough to say she was not served.

Did she file this motion with an attorney or pro se?

Spaceman1982

  • Jr. Member
  • **
  • Posts: 89
  • Karma: -94
    • View Profile
Re: Chances of winning motion to set aside
« Reply #2 on: Jun 06, 2012, 12:34:32 PM »
He mailed the motions to her last two address on legal file in the court. The attorney at the time filed two different certificates of mailing. I thought if the judge felt like she hadn't been served properly he wouldn't even hear the matter?

Spaceman1982

  • Jr. Member
  • **
  • Posts: 89
  • Karma: -94
    • View Profile
Re: Chances of winning motion to set aside
« Reply #3 on: Jun 06, 2012, 02:12:14 PM »
Also. It wasn't a default judgement that was entered. It was a order.

Spaceman1982

  • Jr. Member
  • **
  • Posts: 89
  • Karma: -94
    • View Profile
Re: Chances of winning motion to set aside
« Reply #4 on: Jun 06, 2012, 07:13:45 PM »
sorry  she filed pro se


MixedBag

  • Global Moderator
  • SuperHero
  • *****
  • Posts: 3049
  • Karma: 155
  • That's Me...MixedBag
    • View Profile
    • http://www.doilyboutique.com
Re: Chances of winning motion to set aside
« Reply #5 on: Jun 07, 2012, 05:05:43 AM »
you're right to worry.....because you simply never know.
 
I'm on the side that she won't be successful.
 
but come back and let us know -- by sharing experiences, we all learn.

Simplydad

  • Jr. Member
  • **
  • Posts: 110
  • Karma: -9
    • View Profile
Re: Chances of winning motion to set aside
« Reply #6 on: Jun 07, 2012, 07:50:37 AM »
The judge may very well throw it out but as Mixedbag said you never know.  She filed a motion so she will be able to get to court to attempt to argue the case.  To stop it I think you only simply need to file a motion to quash base on the fact she was properly served. 

MixedBag

  • Global Moderator
  • SuperHero
  • *****
  • Posts: 3049
  • Karma: 155
  • That's Me...MixedBag
    • View Profile
    • http://www.doilyboutique.com
Re: Chances of winning motion to set aside
« Reply #7 on: Jun 07, 2012, 07:54:15 AM »
File an ANSWER to her Motion.

Simplydad

  • Jr. Member
  • **
  • Posts: 110
  • Karma: -9
    • View Profile
Re: Chances of winning motion to set aside
« Reply #8 on: Jun 07, 2012, 08:12:29 AM »
File an ANSWER to her Motion.


Exactly....that is what I meant to say......thanks for simplifying it for me MB  ;D

Spaceman1982

  • Jr. Member
  • **
  • Posts: 89
  • Karma: -94
    • View Profile
Re: Chances of winning motion to set aside
« Reply #9 on: Jun 07, 2012, 09:10:14 AM »
Will do!  I got ahold of the attorney from the December hearing and he is gonna see me today so we can go over what he did to serve her.

I admit I gotta make a habit of coming around here more than I do to share my experiences.

 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.