I filed for divorce in January of 2015. My ex was deported to Mexico and his family won't tell me where he is so I elected to serve him finally in 2019 by posting at the courthouse. I applied to do so and received an order to do so. Prior to posting I amended my original petition so it was the amended summons/petition I had the sheriff post at the courthouse. When I filed for my default judgement, it was rejected because they say there is no proof of service of the amended papers, the sheriff left "amended" off the proof of service. My next court date is in a few days for Order to Show Cause re: Dismissal/Sanctions. The sheriff has been uncooperative in correcting this error and i ran out of time to re-serve this petition. Last time I went to court I was told in no uncertain terms that I better have this case finished by the date I have in a few days. Should I just request a dismissal myself or let them do it in court? Do I have to go to that court date? What kind of sanctions are they talking about? If dismissed, how quickly can I refile? I have a fee waiver so filing fees aren't an issue.
You need a limited scope attorney. You are blsming the sheriff, but you are supposed to know what you are doing. You may be allowed to serve him again.
This is general advice. You are anonymous. If you PM me i won’t know what it’s about.
Go to court and explain your position to the Judge, and tell the Court you do not want the case dismisssed and that you will be proceeding with it.
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