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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2288
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Will family courts use anything other than court appointed

Resolved Question:

Will family courts use anything other than court appointed people to deliver documents?I was visited twice by a guy claiming to be a process server. He visited in the beginning of April, and I was polite and accepted his documents. He sort of alluded to being an officer of the court. He clearly was working for an independent company. hired by my ex. to deliver harassing documents.As I was with the my children this weekend, I kindly asked him to go away. He was very persistent frightening the kids. I called the company that he claimed to work for; and they acknowledge they employee him, but his recent visit was not instructed by them.Who is this random person?Can I just go down to the courts and get documents they have for me, what is the purpose of this process server? And clearly I think I should press charges against him
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.
Hi, thank you for your further question. Your ex-partner is able to instruct the process server directly to serve you documents - it does not have to be through the courts. Furthermore, in relation to obtaining the documents - it depends what they are, as most applications and documents are returned to the applicant to serve on the respondent.I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 10 months ago.
Can I not just go down to the courts to obtain these documents???
I think they are AOE forms. Would the courts not just send me a court date?Can I go down to the courts and find out what documents are filed with my name on it?For the AEO.. will i have a day in court? Can the courts proceed with this order without my input?
Expert:  Harris replied 10 months ago.
The courts should list any application for a hearing and if they decide not to you can apply to have it reviewed.The court will not necessarily send you copies of the applications or forms, as they tend to send them to the applicant to serve. If they are court orders, and the court has your address on file, then they should be posting orders directly to you. Furthermore, the applicant will likely wish to demonstrate that you have actually received these - which is the job of the process server. Collection from the court or posting the documents to you will not count as proof of service.
Customer: replied 10 months ago.
Ok, So i can collect them at the courts, or request to review them..
I think that is best. I believe I just show up with a case number ***** it should be sufficient?
Customer: replied 10 months ago.
of course.. a big QUESTION:
Can I court issue an attachment of Earning without a court date. Will I get to defend this, or can it happen automatically?
Expert:  Harris replied 10 months ago.
It depends on which court it is, but it is advisable you take photographic ID with you.If she was able to prove that the AoE is necessary a judge could have considered the application on papers without an oral hearing.
Customer: replied 10 months ago.
How do I stop this from happening. This is what we are getting at. What can I do at this point?
Expert:  Harris replied 10 months ago.
It is difficult, as if an application is made and the court feels no hearing is necessary, then one will not be listed. However, if after the order is made you wish for it to be reviewed you can apply to court for a hearing for reconsideration. I hope this has assisted you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2288
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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