Legal Question in Family Law in California

served papers to appear

I was originally served divorce papers in 2000 and was said to appear in 2001 in Texas. Since I was out of state, my ex's lawyer and the courts said that since I would cooperate over phone and mail, that I did not have to appear. I did cooperate and on 1/23 I sent a rebuttle about the custody and never heard from them again. I sent off for a copy of my divorce decree and it stated that I was duly cited and failed to appear and wholly made default. I was never served to appear. My question is, when you are supposed to appear, do they have to serve you with some type of notice either certified or hand delivered? So if they never did that, wouldn't it ''cloud'' the agreed decree?


Asked on 12/06/07, 2:25 pm

1 Answer from Attorneys
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: served papers to appear

I am a little confused. You state that you were served in 2000. Then you say that you weren�t served. Anyway, it sounds like they received a default judgment because you failed to appear. You really need to consult an Attorney to go through the specifics of your case.

Feel Free to contact me if you would like to pursue this matter.

Good Luck!

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Answered on 12/20/07, 3:56 pm


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