If I lost the papers that were served to me, can I just file my own? Or is there something legal-wise I have to do.

Get Legal Help Today

 Secured with SHA-256 Encryption

If I lost the papers that were served to me, can I just file my own? Or is there something legal-wise I have to do.

He served me with divorce papers, after I had
finished filling out my own, so I decided to just
go with the ones he filled out, but now I cant
find them. Can I just go with the ones I
originally had or would that be against any kind
of law since I was served?

Asked on November 7, 2018 under Family Law, South Dakota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you can not.  If he filed first and filed properly then you have to respond to his.  Go down tot eh court hosue where they were filed and tell the clerk you want to Answer the Summons and Complaint served upon you.  Do this asap so you are not in default (failing to answer).  You can ask for help to look up the case number and get a copy for your records.  In the Answer you can file counterclaims (like filing your own action).  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption