What should I do if I have a court hearing tomorrow but was never served?

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Legal Eagle

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So I have not heard back from you in a while on this, which is no big deal. Without the information I asked for in my request, I can only give you this general answer:

You may need a motion to set aside the judgment. Generally, if a party is unable to properly participate in a proceeding and a judgment is entered against them, then they can file a motion to set aside the judgment, giving them another crack at the egg. (Fed. R. Civ. P. 55(c), 28 U.S.C. Appendix)

There are a few steps you need to take:

Call the court clerk and set a hearing date for the motion.
Once you have a hearing date, begin working on your motion.
File the motion with the court clerk. Many courts allow you to do this online or in person. You must check with the court.
Once the document is filed, serve the document. Someone over 18, and not a party to the case, must do it for you.
Once the document is filed and served on the opposing party, they will have a chance to oppose the filing if they wish. The court will address all the papers at the scheduled hearing date and make a ruling.

Does that make sense? If there's anything else I can clarify, I'm here for you!

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Hello. I contacted the courthouse and was informed that I have a hearing tomorrow. However, I was never served, and proof of service was never filed.

Lexi, Chatbot

I understand how concerning it can be to have a hearing scheduled without proper notification. Can you tell me what type of case this hearing is related to?

Family law.

Lexi, Chatbot

Have you had any previous communication or documentation regarding this matter from the court or the opposing party?

Not for this hearing.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured, they will be able to help with your family law hearing.

No.

Legal Eagle

Hello, I'm Legal Eagle. I'm an attorney who works in your area of law and I'll help you sort this out today. I've read what you shared, so let's go over what's happening and what your best next steps look like. You mentioned not being served or having proof of service filed for your family law hearing tomorrow. Is that correct?

Legal Eagle

So I have not heard back from you in a while on this, which is no big deal. Without the information I asked for in my request, I can only give you this general answer:

There are a few steps you need to take:

Call the court clerk and set a hearing date for the motion.
Once you have a hearing date, begin working on your motion.
File the motion with the court clerk. Many courts allow you to do this online or in person. You must check with the court.
Once the document is filed, serve the document. Someone over 18, and not a party to the case, must do it for you.
Once the document is filed and served on the opposing party, they will have a chance to oppose the filing if they wish. The court will address all the papers at the scheduled hearing date and make a ruling.

Does that make sense? If there's anything else I can clarify, I'm here for you!

Legal Eagle

134,901 satisfied customers

Criminal law, employment law, family law, landlord-tenant, and real estate law.

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