I am a New York resident and ex has filed post decree motion in hawaii. The divorce occurred in Hawaii. Ex mailed motion to me via certified mail but I did not accept it and it was returned. I was told about the hearing by the atty who had represented me in appeallet court. The hearing is next week and I have not yet been served with the motion by the Sheriff or process server (the sheriff tried to serve this week but they went to my old address). Am I required to attend/appear by phone for the hearing next week? If I do not attend will the court grant my ex everything he has asked for in his motion? Should I
Why did you refuse the papers? Courts do not take well to this sort of gamesmanship. You know about the hearing, so you might as well appear by phone and tell the court you have not seen the papers. All your refusal did was delay the inevitable.
And this question needs to be posted in the Hawaii section, as Hawaii has jurisdiction.
I am not your attorney and any posts/messages or responses to posts/messages can not and do not establish an attorney-client relationship. You should not rely upon free legal advice, and I disclaim any liability for the outcome if you do. Any opinions offered on matters outside New York State are for general informational purposes only.
You have to be careful! If the court granted service in some form other than personal service, you may have been served. A court can alter the manner of service and you don't know if the manner of service was altered. So the hearing may end in your default. Get a copy of that document and check.
My rule of thumb is that bad things happen when you blow off a court date. I suggest that you send a lawyer to protect your interests.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline