I have no attorney. Do I need to get my Income & Expense Dec stamped by the clerk BEFORE serving on respondent in my case?

Asked about 1 year ago - Long Beach, CA

I can't remember if I can serve an unconformed / stamped Income & Expense Dec on OP , and at the same time have the original filed / conformed with the court . Please advise , thanks .

Attorney answers (5)

  1. Michael Charles Doland

    Contributor Level 20

    5

    Lawyers agree

    Answered . You do not have to serve "conformed" (stamped) copies.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  2. Martha Bronson

    Contributor Level 14

    5

    Lawyers agree

    Answered . I agree with counsel. You need to have served the documents before filing. You also need to make sure you have a proof of service signed by someone over 18 and not a party to the action attached to the original filed with the court. some clerks will kick your papers back if no proof of service is attached to the document you attempt to file. The copy of the proof of service should als be served with the document as well.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more
  3. Michael Raymond Daymude

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . You sever the documents then file them. So, the served documents will not have a court stamp.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  4. Robert Andrew Michael Burns

    Contributor Level 16

    2

    Lawyers agree

    Answered . Thanks for being honest. Your answer is "no". You opponent has the burden of getting a "stamp-filed" copy of (s)he wants one. But, you can file your I&ED and then serve a copy if you wish.

  5. Michael Christian Peterson

    Contributor Level 6

    1

    Lawyer agrees

    Answered . No. Its the opposite. You cause (by third-party server) the I&E to be served, then file it with a completed proof of service with the court

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