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Tag: invalid

How do I file a response in a divorce if the summons is invalid?

How do I file a response in a divorce if missing the court’s address for filing invalidates the summons?

Be very careful getting cute with procedural technicalities. If you were served with a summons that is defective only because it does not include the address of the courthouse where the underlying action was filed, you may or may not have an argument for defective service of process. But to test that theory you may have to take the risk of being defaulted and then moving to set aside the default and default judgment and hoping you prevail on that motion. That is not a risk I would be willing to take myself. 

What you need to do immediately is consult a good attorney (i.e., a knowledgeable, skilled one) and fast, i.e., before the time in which to file a responsive pleading has expired, so that if you, after conferring with at least one good attorney, determine you need to file something with the court before the responsive pleading time expires you can. 

Utah Family Law, LC | divorceutah.com | 801-466-9277  

https://www.quora.com/How-do-I-file-a-response-in-a-divorce-if-missing-the-court-s-address-for-filing-invalidates-the-summons/answer/Eric-Johnson-311

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