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Wrong date on divorce papers

Asked Feb 23, 2010, 04:38 AM — 11 Answers
My divorce papers tell me to be in court on a date that has already passed about a year ago is it valid

11 Answers
dynocompe's Avatar
dynocompe Posts: 332, Reputation: 311
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#2

Feb 25, 2010, 02:59 PM
Absolutely not valid, you do not have to show up, the date has passed and a new date has to be issued to you
JudyKayTee (Feb 26, 2010 09:28 AM): Incorrect - OP will be in default and, therefore, MUST answer (which will include a statement that is incorrect). This very well may be a typo error but foolish, indeed, not to appear.   Source:
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JudyKayTee's Avatar
JudyKayTee Posts: 45,420, Reputation: 23558
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#3

Feb 26, 2010, 09:29 AM
Quote:
Originally Posted by dynocompe View Post
absolutely not valid, you do not have to show up, the date has passed and a new date has to be issued to you


Would you post your source for this info?

If OP does NOT appear (typo or not) a default hearing could be held. OP needs to advise the Court and the other party that the date is wrong on the paperwork.

Hiding your head in the sand (which this is) does not work.
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dynocompe's Avatar
dynocompe Posts: 332, Reputation: 311
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#4

Feb 26, 2010, 11:20 AM
How can he appear if the date has passed, he can't read there minds
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JudyKayTee's Avatar
JudyKayTee Posts: 45,420, Reputation: 23558
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#5

Feb 26, 2010, 11:31 AM
Quote:
Originally Posted by dynocompe View Post
how can he appear if the date has passed, he can't read there minds


He notifies the Court that there is an error.

My feeling is that someone typed "2009" instead of 2010.
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dynocompe's Avatar
dynocompe Posts: 332, Reputation: 311
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#6

Feb 26, 2010, 01:58 PM
How would he know there is a error, maybe he got served the papers late?
That is what happened to me! By the time I fianlly got served, the date was passed! I was never issued the neew date, did not attend, when I got the letter in the mail stating I lost the case because I never showed uo, I appealed it, over the date, and won the appeal and they threw the case out.
Fr_Chuck (Feb 26, 2010 04:57 PM): such poor advice it is laughable   Source:
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JudyKayTee's Avatar
JudyKayTee Posts: 45,420, Reputation: 23558
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#7

Feb 26, 2010, 03:26 PM
Rather than go through the appeal process simply notify the Court that the papers are incorrect. Or do it your way, don't notify the Court and have to appeal.
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,607, Reputation: 37031
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#8

Feb 26, 2010, 04:57 PM


He can not go and just lose the court case, then have to appeal and hope the court allows it.

The obvious mistake is that they put 09 not 10 in the year and the date to appear will be the same date but this year. But to verify you contact the court.

They would not go to the trouble of process service, and court dates unless there is gong to be a court date.

Telling them not to go, is dangerous and very poor advice
dynocompe (Feb 28, 2010 01:23 AM): it is a fact that you can appeal over a wrong document, the court will allow it, they have no choice   Source:
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dynocompe's Avatar
dynocompe Posts: 332, Reputation: 311
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#9

Feb 26, 2010, 05:20 PM
If they have the wrong dates, and serve you with the wrong dates, is what I am trying to say, is they WIN AUTOMATICALLY. If he gets served with a photocopy and not original document, you win automatically as well. That is how stupid the justice system is.
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,607, Reputation: 37031
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#10

Feb 26, 2010, 05:36 PM


Well depends on the state, in the several where I have served papers, copies were acceptable ( plus there is no way to prove you were not served orgainal anyway) the server says he did, and you can't prove he did not.

But why go though the issue, of allowing them to win, then having to appeal, and then they re-file and you still go to court.
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