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Have not received a summons for a possible motion for contempt hearing

Atlanta, GA |

I have a motion for contempt filed by my ex wife against me. I know this because civil cases are public record. I would not have known this if it were not for me checking court records. Its showing the hearing date/time/judge but....I have not been served with a summons for the motion for contempt. If I wouldn't have dug up this information I wouldn't even know about this.
**What if I'm not served the summons making me aware of this hearing? I've been waiting for a knock on the door but nothing yet which means technically I don't know about this hearing.

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Attorney answers 2

Best Answer

Keep checking with the clerk of Court to determine if an affidavit of service has been filed with the Court. If you are served and such a document is filed, the Court will have the authority to assume that you have been served, and to proceed with the case. If you are not served, and no proof of service is filed, the Court will not/should not move forward with a hearing. Proof of formal service pursuant to state rules is mandatory, and until service is perfected according to law the Court cannot proceed. If a court date has already been set, it will need to be rescheduled until such time as you are served. If you are served at some point prior to the scheduled court date, you will need to prepare for the hearing, and if notice was received shortly before the hearing, you will need to immediately contact the Court to request a continuance so you have time to prepare your defense.

In any event you really should contact an attorney to help you. The last thing you want is to miss a court date and have a judge issue a default judgment against you that grants all of your ex's requests. She will likely get anything/everything she asks for, and serious sanctions could be imposed against you, including, but not limited to jail time is some circumstances.

Thank you and good luck!

Nothing contained herein shall be considered or construed as creating an attorney client relationship between the party asking the question and the attorney. All legal problems are different. The answer given is only a general response based upon the facts provided and should not be considered specific advice for your case. Always contact a lawyer for advice about your particular circumstances and issues.


Even if you do not get served I suggest you get and attorney and prepare your self to respond to the motion.

Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033

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