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Asker

Posted over 14 years ago.

Wow, I need u as my attorney.. I have already paid out lots of money for nothing.. Lawyer is a newbie so I gave him a chance.. Not sure if he knows what he is doing.. I also had to do an asset discovery which cost more money.. I looked up this information and it only showed 07/21/2011 Original Petition for Divorce (OCA), he was served in another county.. Falls county.. thanks for the help..

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Asker

Posted over 14 years ago.

does not show he was served yet

Thomas James Daley

Thomas James Daley Plano Divorce / Separation Lawyer

Posted over 14 years ago.

If the clerk's office does not show him as being served, it can be for one of two reasons: (1) He was NOT served [ugh]; or (2) Whoever served him failed to file the proof of service with the court. #2 is possible, but after 60 days, it's not the most likely explanation.

If he files an answer/general denial, then he's as good as served. The court just needs to know that your husband was notified of the lawsuit.

But if there is no proof of service to be found, for whatever reason, and he has not filed an answer, then you're going to have to have him served again. You can try to serve him by registered mail. Your attorney would pay the district clerk $55 + $8 and they will send certified mail to him. If he picks it up, the clerk's office will get the green card back and he will have been served. Otherwise, you'll either have to beg the constable in the other county to serve him (which can take MONTHS) or send a private process server to him, which will probably cost you about $250+.

But he has to be served before this show can go on. Once he is served, I wouldn't ask for temporary orders or for anything else that would require a hearing. I would just have him served and if he doesn't file an answer or a counterpetition within the 20+ day deadline, I'd default him and move on.

Good luck!!