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    marcleclair1986's Avatar
    marcleclair1986 Posts: 3, Reputation: 1
    New Member
     
    #1

    Aug 17, 2012, 10:51 AM
    Was I properly served if I only received a summons from the state of Nevada?
    My ex husband had me served divorce paper work but only had the summons and not the whole complaint, I need to know if I continue like I was served completely or is there another step seeing I was inproperly served.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Aug 17, 2012, 10:54 AM
    You are aware you can't stop your spouse from divorcing you. Not in the Civilized world anyway.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Aug 17, 2012, 10:54 AM
    Quote Originally Posted by marcleclair1986 View Post
    My ex husband had me served divorce paper work but only had the summons and not the whole complaint, I need to know if i continue like i was served completely or is there another step seeing i was inproperly served.

    Why do you think this was improper service?

    If he's your ex-husband he isn't serving you with divorce papers.

    We need to have more information.

    - Or are you trying to open an "old" divorce on the grounds of bad service?
    marcleclair1986's Avatar
    marcleclair1986 Posts: 3, Reputation: 1
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    #4

    Aug 17, 2012, 11:09 AM
    We have been separated for 1 yt anf 4 months I cibsider him my ex husband but we are not divorced yet and yes I know I can't stop him from divorcing me but if I was improperly served this gives me some extra time to find a lawyer and so fourth
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Aug 17, 2012, 11:19 AM
    Quote Originally Posted by marcleclair1986 View Post
    We have been seperated for 1 yt anf 4 months i cibsider him my ex husband but we are not divorced yet and yes i know i can't stop him from divorcing me but if i was improperly served this gives me some extra time to find a lawyer and so fourth

    I never know why a question is asked and incorrect information is given.

    At any rate - you can consider him your "ex" husband. He is not and it's pointless to refer to him in that manner.

    Are you legally separated?

    Why do you think it was bad service? From what I am reading the Summons and Complaint must be served together. That doesn't mean bad service.

    Is there an index number on the paperwork you got?

    Does he have an Attorney?
    marcleclair1986's Avatar
    marcleclair1986 Posts: 3, Reputation: 1
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    #6

    Aug 17, 2012, 12:21 PM
    We are not separated I know if I was I improperly served that there are other steps to take if I was wondering if anyone knew and how to go abou and how to go about it the only numbers on the paperwork are the case number and a code that is on the code is different on di the only numbers on the paperwork are the case number and a code that is on the code is different on different pages nothing about an index number
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Aug 17, 2012, 12:23 PM
    Quote Originally Posted by marcleclair1986 View Post
    We are not separated I know if I was i improperly served that there are other steps to take if I was wondering if anyone knew and how to go abou and how to go about it the only numbers on the paperwork are the case number and a code that is on the code is different on di the only numbers on the paperwork are the case number and a code that is on the code is different on different pages nothing about an index number

    NV uses case numbers, not index numbers so, yes, it's a legitimate filing.

    I go back to the same question and I don't think you are understanding what I'm asking you. I own a process service company in NY. Why do you think you were improperly served? What did the process server do "wrong?"

    OR are you arguing that the summons and complaint are required to be served together and you received only the summons?

    It will take you longer to argue bad service than it will to retain an Attorney and respond.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Aug 17, 2012, 12:26 PM
    The issue is, if you pretend you were not served, they will hold court without you.
    And what do you need an attorney for, are there children, child support.

    After living apart for a year all property should be already divided.

    It appears you want to fight, just to fight, so it is pointless to try and say anything but go hire a attorney today and get it over with.

    You can go to the court house with the case number and review all of the filings up to this point.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Aug 17, 2012, 12:31 PM
    A summons is generally a notice of a court hearing. Since you know of the hearing, I'm not sure how you can claim bad service.

    What you want is to ask for a continuance or postponement of the hearing so you can obtain counsel.

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