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    rodney49's Avatar
    rodney49 Posts: 1, Reputation: 1
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    #1

    Feb 23, 2010, 05:38 AM
    Wrong date on divorce papers
    My divorce papers tell me to be in court on a date that has already passed about a year ago is it valid
    dynocompe's Avatar
    dynocompe Posts: 331, Reputation: 56
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    #2

    Feb 25, 2010, 03:59 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's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Feb 26, 2010, 10:29 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.
    dynocompe's Avatar
    dynocompe Posts: 331, Reputation: 56
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    #4

    Feb 26, 2010, 12:20 PM

    How can he appear if the date has passed, he can't read there minds
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Feb 26, 2010, 12:31 PM
    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.
    dynocompe's Avatar
    dynocompe Posts: 331, Reputation: 56
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    #6

    Feb 26, 2010, 02:58 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 finally 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.
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    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Feb 26, 2010, 04:26 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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Feb 26, 2010, 05:57 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's Avatar
    dynocompe Posts: 331, Reputation: 56
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    #9

    Feb 26, 2010, 06:20 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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #10

    Feb 26, 2010, 06:36 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.
    dynocompe's Avatar
    dynocompe Posts: 331, Reputation: 56
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    #11

    Feb 26, 2010, 06:37 PM

    I hate court, so I do everything I can not so show up! Lol
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #12

    Feb 27, 2010, 07:27 AM

    I have never heard of serving the originals instead of conformed or certified copies and I run a process service company.

    The originals are filed in the Court.

    Who would serve their original proof on the opposition?

    Bad advice.
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