I divorced a year ago. Ex-husband agreed (MSC) to pay off one of credit card(under my name) but he hasn't. So I filed an request for order(FL300) and sent to his lawyer. Our hearing is this friday but he did not respond yet. if he does not appear in court then what is gonna happen? What is my next step? His income is over $130,000/Y and credit card payment is $4,800. Also can I ask court fee that day? please help me
If he doesn't show, then that is his problem. But make sure you have filed a proof of service showing that he was correctly served notice of the hearing.
I agree with Mr. Benton. Be sure that you have properly served him and file the proof of service with the court. If he fails to appear and the court has a copy of the proof of service the court will proceed with ruling on your case at the hearing. However, if there was a judgment already entered in your case you want to make sure that the attorney is still the attorney of record and that service upon him was proper. If this is a post judgment request for order you may need to serve opposing party personally.
Best of Luck!
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I agree with the two answers above. If this is a post-judgment Request for Order, you will need to serve your ex-husband personally and not his attorney. You will then need to file your proof of personal service with the Court to show them that your ex-husband had proper notice of the hearing, and that he simply failed to respond.
If you have not effected proper service, you can ask the Court to reissue the Request for Order and set the hearing for another date to allow you more time to properly serve.
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