Legal Question in Family Law in Indiana
Failure of service
I wa snot notified of a hearing in which my ex-husband was awarded physcial custody of our children. Whose responsibility is it to make sure that service has occurred on the date of the hearing? I'd like to file for administrative action against either the Judge or the attorney but need to know where the responsibility lies.
Asked on 11/24/08, 9:34 am
1 Answer from Attorneys
Re: Failure of service
You need to look at the court file to determine who was responsible for service. Please be advised that a judge is not responsible to serve a party. It is either going to be the attorney or the clerk. Instead of placing blame, if you were not served, you need to hire an attorney to file a Motion to Correct Errors or to set aside. You need to do this asap.
Answered on 11/24/08, 9:48 am