My divorce papers tell me to be in court on a date that has already passed about a year ago is it valid

Absolutely not valid, you do not have to show up, the date has passed and a new date has to be issued to you

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Originally Posted by dynocompe

absolutely not valid, you do not have to show up, the date has passed and a new date has to be issued to you

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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.

How can he appear if the date has passed, he can't read there minds

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Originally Posted by dynocompe

how can he appear if the date has passed, he can't read there minds

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He notifies the Court that there is an error.

My feeling is that someone typed "2009" instead of 2010.

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.

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.

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

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.

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.

I hate court, so I do everything I can not so show up! Lol

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.