In Maricopa County AZ Family Court how can have a clerical error fixed? I was online looking at the family court case and notice

Asked about 2 years ago - Phoenix, AZ

a date is not correct for which a file was received by another court due to change of venue being grandted. The date shows that file was received 10/10/12 but the file was actually received 10/1/12 it was sent certified mail so I was able to track it & look it up online USPS & date shows received 10/1/12. This is very important that it shows the correct date because my ex has 30 calendar days to pay filling fee for case to fully transfer to her county if she does not pay within the time frame I can file motion to have case moved back to my county.

Attorney answers (1)

  1. David A Tracy

    Contributor Level 6

    1

    Lawyer agrees

    Answered . You would have to file a motion with the court to correct a clerical error in the record, then get the motion set for hearing. The hearing would likely be set well beyond the 10-day window at issue. Filing a motion would draw attention to the receipt date and could prompt your ex to pay the filing fee that would otherwise not get paid. Your best course is probably to wait the extra 10 days, then file a motion to move the case back and correct the record. If the ex pays during the 10-day window, you can still file a motion to move the case back and correct the record, arguing that the payment is untimely once the record is corrected. I recommend hiring an attorney to assist you in this matter.

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