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Uber Member
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Oct 4, 2010, 08:37 AM
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Originally Posted by AK lawyer
Of course not. A judge would have signed it.
Brace yourself for the response.
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New Member
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Oct 4, 2010, 10:18 AM
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Comment on AK lawyer's post
I was ignorant of any time frame regarding contesting anything
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New Member
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Oct 4, 2010, 10:18 AM
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Comment on AK lawyer's post
I now have 4 different opinions from 4 different so-called attorneys on the same subject... blows my mind
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New Member
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Oct 4, 2010, 10:23 AM
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I get so many different answers on this. 1. one said: insufficiant service of process. 2. one said since my name was forged on the original service of the court order, I could have the matter set aside. 3. another said, no direct established jurisdiction, and that must be accomplished, otherwise the order isn't legal. 4. one said since my ex is the one owed the money and not the actual state, forget it..
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Uber Member
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Oct 4, 2010, 10:29 AM
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Originally Posted by pouchpopper
i get so many different answers on this. 1. one said: insufficiant service of process. 2. one said since my name was forged on the original service of the court order, i could have the matter set aside. 3. another said, no direct established jurisdiction, and that must be accomplished, otherwise the order isnt legal. 4. one said since my ex is the one owed the money and not the actual state, forget it..
You've been asked what the insufficient service was. How was it served (or not served) on you? What was filed with the Court that indicates service? Publication? Personal service? That's the first thing.
You get different answers because you have opened multiple threads and not provided the info that has been asked of you - and you've been rude and insulting to the very people trying to help you.
Maybe you should pay an Attorney, get an answer in writing and proceed from there.
Or, of course, you could let us know what service is being claimed.
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New Member
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Oct 4, 2010, 10:33 AM
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Mam, it was never actually served on me. My understanding is that another person actually signed my name to the initial court order in 1982 or 83. I believe it was by publication after that, but I'm not certain, because I wasn't in the country. How can I find out?
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Uber Member
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Oct 4, 2010, 11:44 AM
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GO TO THE COURT AND CHECK THE FILE.
Again - you can't sign a Court Order. Only a Judge can sign. A Judge can't sign his own Order (in the event you are a Judge).
If it was by publication, that's service on you - a Court ordered that it be published because "someone" couldn't find you using due diligence. Following publication there was a hearing and an Order concerning support was issued.
Again - you WERE served by publication (or so it appears).
If leaving the Country got people out of paying support there would be a mass exodus.
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New Member
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Oct 4, 2010, 12:18 PM
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If the order which was court ordered was indeed served by publication, then in some states I have read it isn't legitimate because of failure to serve directly and therefore deemed insuficiant
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Uber Member
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Oct 4, 2010, 01:20 PM
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Originally Posted by pouchpopper
if the order which was court ordered was indeed served by publication, then in some states i have read it isnt legitimate because of failure to serve directly and therefore deemed insuficiant
Is one of those States Ohio?
Answer - no, it is not.
In fact please post the States where it is illegal to serve by publication following a Court Order allowing Plaintiff/Petitioner to do so.
I own/operate a process service company so I would appreciate this info.
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Computer Expert and Renaissance Man
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Oct 4, 2010, 02:51 PM
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None of what you have said changes what I said. We can't be absolutely specific because we don't have all the details. We don't know exactly what was signed or by whom. But if there was improper service you may be able to get the verdict "set aside". But set aside does not mean dismissed. It simply means a rehearing. And, again, the fact that you knowingly abandoned your wife and at least one child means you will likely lose.
Now, if you are saying the state only says you owe $1098 then your ex will have to go to court to get the amount increased. That gives you a chance to fight it if you have grounds.
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Computer Expert and Renaissance Man
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Oct 4, 2010, 02:57 PM
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I've merged all your threads. By starting multiple threads you confuse the issue. If you have any more follow-up post an answer to this thread.
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Expert
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Oct 4, 2010, 05:25 PM
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Yes, the filing still stands, and if they win the case it goes back to the date of filing.
So even if it is set aside because of improper service ( and if the court accepted publication then it is legal in that state, or the court would not have accepted it)
So lets play it is set aside, they merely have new hearings, and you will have to prove your income all of those years, if it is higher than the estimated income used, you will just owe money money
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