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My husband was served almost 60 days ago, now he is calling and saying he never was served

Plano, TX |
Filed under: Divorce

My attorney said my spouse was served a while back. We have not heard anything from him until now. My divorce is to be final in 1 week.. Spouse said he was never served and he didnt sign anything..

Attorney Answers 2

Posted

I am very familiar with the courts and the clerk's office in Collin County so here are some specific pointers:

1. Look you case up: You can look at your case file by going to this link: http://www.co.collin.tx.us/courts/case_information.jsp. Click on "Case Search - Basic". Put in his information (you only want civil and district case information) and let it search. When it finds your case, it will show up at the bottom of the screen. Click on that case and you'll see everything that the court knows about having happened in your case. You will see where the clerks office issued citation and notice. Among those entries, it will say "Served on xx/xx/xx" or "Unserved." If it says "Served on xx/xx/xx", that means he was served on the date xx/xx/xx.

2. Get proof of service: If you have an attorney, ask him or her to send you proof of service. It could be that your husband was not personally served and that your attorney had to use alternate or publication service to notify him. If either of the latter are true, your husband might not have recieved any papers, but as far as the court is concerned, he might have been served nonetheless. At any rate, your attorney should have documents to show the judge to prove your husband was served.

3. Served, but no proof of service: If the clerk's records show he was served but your attorney cannot send you proof of service, there must be proof of service in the clerk's file. You can go to the District Courthouse at 2100 Bloomdale, McKinney and have the clerk's print up the proof of service (will cost you $1 per page, probably fewer than 5 pages--might just be one page). The clerks office has moved--go through security, past the escalators, keep going straight through the new contstuction. Their office is on the left and it's labeled "Civil District Clerk."

4. No schedule for finalizing divorce: You don't HAVE to finalize your divorce next week. You have to wait AT LEAST 60 days to finalize a divorce, but it can continue after that. I get that you want this done. But don't panic about it having to be done by a certain date.

Good luck!!

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Asker

Posted

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..

Asker

Posted

does not show he was served yet

Thomas James Daley

Thomas James Daley

Posted

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!!

Posted

You need to consult with your attorney. Your attorney should have proof of service that was done either by a process server or through the court. There will be a section where the individual who did the service will swear that the papers were served even if your husband refused to sign. Good luck!

Legal disclaimer: Please note by answering this question there is no attorney-client relationship formed. I am not your attorney. Nothing I said in this reply can or should be relied on. In order to rely on counsel's advise you must retain that attorney and receive representation or an official opinion letter. This is neither and meant to be for general informational purposes. Your case has specific nuances that goes beyond what you wrote and what I answered and you must speak directly with an attorney to advise you of your rights. Please note I am only giving advice in the jurisdictions I am admitted (TX). In any other jurisdiction I am discussing the law in general from an academic sense and not state specific rights. You should consult with a lawyer in your local jurisdiction.

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Asker

Posted

Thanks so much. I will talk to my attorney tomorrow..

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