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kmonk10
Dec 28, 2009, 01:57 PM
What is considered proper service in Georgia for a civil contempt case? I am the defendant, pro se. I have never been served by sheriff department, etc. the plaintiff filed contempt charges and the plaintiff's attorney claims he emailed me the Notice of Rule NiSi. He had no proof of this nor any proof that proper service was followed. Can I have charges dismissed on these grounds?

ScottGem
Dec 28, 2009, 02:09 PM
No, you can't get the charges dismissed. Has the hearing already been held and a judgement issued? If so, you may be able to get that judgement vacated.

If the hearing has not been held yet, then you now know about the hearing and can attend. You can ask that the plaintiff be censured for improper service, but that's all.

By the way, a rule NiSi is generally not used in contempt cases, but in domestic violence or divorce cases.

Also I have never heard of e-mail being used as legal service anywhere.

kmonk10
Dec 29, 2009, 07:08 AM
This is a "continued" divorce case although the divorce was final over a year ago. The hearing was held, but was continued. I brought up the fact that I was never properly served and the plaintiff's attorney insisted to the judge that he emailed me the notice. I also told the judge I was not prepared as I only found out (through a 3rd party) the hearing would be in 3 days. The judge said because I was there the hearing would continue.

ScottGem
Dec 29, 2009, 02:49 PM
So the hearing was continued. So you got what you wanted anyway. I suspect the judge felt that he would see what was needed for the hearing before deciding to continue.

I would have not told the judge that you were not "properly served". But rather that the only reason you were here was because you found out about the hearing from a thrd party. I would then have asked the judge what constitutes proper service, especially after the plaintiff's attorney claimed to have used e-mail.

I would contact the court clerk and ask about the rules for service.

Fr_Chuck
Dec 29, 2009, 08:39 PM
I think he means they had the hearing, since he was there.

Email is not proper legal notice, but can be used for communication if you hve provided it for such.

The sheriff does not have to serve it, most civil attorneys have private process servers in GA that do the service

But it is always up to the judge, if the case is heard, you can object

I will say this in GA divorce court, if the other side has an attorney and you don't, expect to lose. Sorry but the system is set against you,