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Domestic Relations & Contempt Summons-incomplete papers Massachusetts

Hampden, MA |

I received a domestic relations and contempt summons from my ex wife. Aside from the fact that most allegations are untrue, the documents themselves are incorrect. First, she wrote the wrong addresses on the papers-saying I (as defendant) live at her house, and vice versa. Secondly, The witness never dated the papers, and both "signatures" are stamps. I am scrambling to get all my paperwork in order, as well as obtain counsel. I do not feel I should respond to these documents, when they are not properly completed. Do I call the court and request new ones be filed? Just not sure how to go about this.

Attorney Answers 5

  1. The switching of addresses will likely be seen as insignificant. What witnesses are you talking about? The complaints get signed by the plaintiff or her attorney. Period. The original summonses are signed by the process server. You get a copy that likely does not have the process server's return on it. What other signatures are you referring to?

    To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.

  2. You should respond. The way this is dealt with is by responding, in a timely way, to the Complaint with a formal Answer and, either, deny or admit each separate allegation, paragraph by paragraph. If a part of a paragraph is true and a part of it is false, in your answer you should specify which part of it you are denying (is true) and which part you are admitting (is true). You can also put in what you believe is the correct information when you deny that certain information is true. I hope this helps. - Steve Zlochiver, Zlochiver & Associates, (617) 606-4888;

  3. Assuming the complaints were properly served to you, it is important that you/your attorney timely file an answer for each complaint: the contempt and the modification- which I assume was the "domestic relations" matter to which you refer in your question. Each one of these complaints has numbered paragraphs, so for each of these two answers, you should write out the caption of your case (top part that states the Commonwealth of MA, county, names and docket number) and then answer each numbered paragraph with an admit or deny. If your ex-wife has wrong information in a paragraph, "deny" her paragraph. Finally, if it is appropriate, you may also file counterclaims to your complaints. You should consult with an attorney to determine if a counterclaim is appropriate. I also suggest you consult with an attorney to help you formulate a strategy for addressing the issues your ex-wife has stated in her complaints. Good Luck.

    DISCLAIMER: The information contained herein, and the receipt or transmission of same does not constitute or create an attorney-client relationship and the information provided does not constitute full analysis of any specific matter.

  4. First, I strongly suggest you retain counsel to deal with these issues as quickly as possible, as time if of the essence. Second, these are clerical, insignficant mistakes, and you (or your attorney) can address these in your filings in response to these erroneous Complaints.

    Retain counsel quickly, and I wish you the best of luck.

    Anthony Rao, Esq.

    The above response is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer, and any communication between us is not protected by attorney-client privilege.

  5. Consult an attorney. Do not take risks.

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