 |
|
| Browse | Ask | Answer | Search | Join/Login |
|
|
||||
|
What is considered proper service in Georgia for a civil contempt case
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?
|
||||
|
||||
|
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. |
||||
|
||||
|
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. |
||||
|
||||
|
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. |
||||
|
||||
|
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, |
||||
| Question Tools | Search this Question |
Add your answer here.
Check out some similar questions!
I reside in the philippines I have used my credit card like account to withdraw money in order to pay for my sister's hospital bill,in which she cannot afford I wasn't able to pay for it,since they promise that they will be the one to pay it A certain fiscal said I,would be charged criminally...
My brother got into a verbal argument with my STBX husband on 4/10/08 outside the courtroom. We were in court because of a TPO hearing against my STBX husband. He lunged at my brother and my brother popped him once in the mouth. My STBX went screaming like a woman that he wanted to press charges...
:confused: hello, I had a restraining order put on my a few months back, in the process the judge ordered me to keep paying the mortgage,its been 5 months and I have paid but Im not going to be able to pay it in the next two months because I just cannot afford it. My wife has been living there all...
How do I get served legal papers in the US ? Is the required service of complaint and summons the same in all US States? If so, what is the proper procedure as far as initial attempt and second attempt if first is not confirmed? If not, what is the proper procedure for a civil case filed...
View more questions Search
|
