I served the respondent by certified mail with a return signature receipt and I am in Murfreesboro, TN. It was set for Chancery Court for Petition to Modify Parenting Plan and Child Support. Since the Respondent nor his attorney showed can I file a default judgement?

I had my ex served with my Petition to Modify Child Support and the Parenting Plan at his parents home in Nashville, Tn since I only know the city and state he lives in not the actual address. On the court date I showed up he did not in Chancery Court in Murfreesboro, TN. The judge asked me for a parenting plan and child support calculations which I submitted. The judge said he would write the order but instead I got an order to dismiss due to the respondent due to the summons not being properly perfected to the proper party.

I believe this is because I was told by the clerks office that I could attach a copy of the printout from the post office showing it was delivered instead of the actual signature card, which I still have in my possession.

Should I file a motion for rehear/reconsideration? If not what should I do?

Thanks for your help

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Odd, Family Courts are usually more user friendly and less formal. But you need to talk to the court clerks and ask what you need to do to refile.

You will have to refile, since no other motion can be done at this time since it has been dismissed,

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Originally Posted by Fr_Chuck

You will have to refile, since no other motion can be done at this time since it has been dismissed,

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Except that OP might be able to get the court to reconsider the dismissal if filed quickly enough.