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deerlin
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Reged: 03/30/05
Posts: 2
enforce time limits
      #11489 - 03/30/05 02:40 PM

I need help getting spouse to submit interrogatories. They were requested 3 months ago. PA allows 30 days to submit, I need to request enforcement from the courts but I don't know what form to file. My spouse has an attorney, I had to let mine go for financial reason. Please help. :confused:

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aussie928
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Reged: 10/29/04
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Re: enforce time limits [Re: deerlin]
      #11491 - 03/30/05 03:17 PM

G'day ...it's called a Motion to Compel

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fedup
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Reged: 03/14/05
Posts: 117
Re: enforce time limits [Re: aussie928]
      #11521 - 03/31/05 07:31 AM

Hey I can help with this one. Yes, it's called Motion to Compel and I just file one the other day. REmember, all motions must be served by sheriff's dept. or process service. Also, you need to go to the clerk's off where you filed your divorce at the family law division and get a summons and attach it with your Motion to Compel. Take the summons and motion to either sherrif's dept or process service, plus a $20 or $25 fee, and they will have your spouse served. Your spouse will have 20 days to reply to motion.

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deerlin
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Reged: 03/30/05
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Re: enforce time limits [Re: deerlin]
      #11522 - 03/31/05 07:50 AM

Thank you for your help!!!!!!!!!! She as an attorney so I think it just has to be filed with the court and mailed to her attorney.

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fedup
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Re: enforce time limits [Re: deerlin]
      #11529 - 03/31/05 10:34 AM

no not necessarily. I thought the same thing and just file the motion to compel with the court and mailed her attorney a copy. When I called the court to see if a hearing was set the clerk told me that they couldn't set a hearing until they had proof that the party was served. This is when I found out that I needed to have the motion served by sheriff's dept. or a process service.

I too am doing my own divorce.... and my wife has an attorney. To kind out for sure.... go online to your state's Family Law Rule and read and see if all motions have to be served. I resided in Florida and it clearly states I have to have all motions and petitions served.

Good Luck my Friend


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Gecko
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Reged: 06/01/04
Posts: 20345
Loc: Third rock from the sun
Re: enforce time limits [Re: deerlin]
      #11657 - 04/03/05 01:23 PM

Others are correct on the form.

Depending on what your Local Rules of Civil Procedure say...you MAY need a sheriff or process server, but most likely, you can serve her by certified mail (with return receipt) with her attorney being cc'd (meaning they get a copy).

I would recommend that you fax a copy (attach copy of transmittal) of the Motion to her lawyer (with hard copy to follow in the mail). That way, just in case she for some reason, doesn't receive her "certified mail", she can't deny that she didn't know about it.

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If you air your dirty linen in public, expect people to comment on the skid marks!


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