Legal Question in Family Law in Washington
Being served properly
Firstly, I am the respondent, and the petitioners attorney's presented me with a motion for show cause for contempt packet, as well as a modification to the parenting plan. They were left on my front door step though, and not handed to me directly. Secondly, I did appear at the court date. That day, the attorney for the petitioner handed the documents to me, but and told me he'd be in touch with a new court date. They then asked for a new date, and mailed me (normal mail, not certified) the new court date, time and proof of service along with a copy of the proof of service from the first date stating in print that the documents were left on my porch. I need to know, have I actually been served? Since we didn't have a court date when the laywer handed me this packet in the courtroom, does that count? Does him mailing me the new date count? Thank you
2 Answers from Attorneys
Re: Being served properly
Did you write file and serve a declaration regarding not being served?
When you showed up you were served. That's why the hearing was re-noted.
So yes, you need to now consider yourself served and answer the action.
Elizabeth Powell
Re: Being served properly
Generally, if you have notice in open court of the date and time of a hearing that covers the issue of notice. You could respond (argue) on the issue of service, and in the alternative argue the substantive issues.
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