Q: Defendant, the mother filed an answer and counterclaim to my custody complaint but did not serve me.
I filed a custody complaint and served the mother within the required time, then she filed an answer and counterclaim but DID NOT serve me those documents. It’s been well over 45 days and we have upcoming court date next week. Since she failed to serve me, can I request default judgement in my favor at court?
A: Good Morning,
The Court will not grant you a default as she has filed an Answer and Counterclaim.
You should attempt to obtain the documents and file your Answer to her Counterclaim. In your Answer add in a line that states you were not served but were made away that the Answer and Counterclaim had been filed and you obtained a copy and are responding.
If you are unable to get the documents, will not have time to respond due to the lack of service or do not want to respond as service was not properly effectuated, then the court will likely set a hearing date ( if one is not already on calendar) and address the service and your response at the hearing.
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