Wednesday, February 11, 2015

I submitted an Order to Show Cause to the sheriff's office on Friday, Jan 30, asking them to serve the papers by today, Feb 6...

Q:  But I could tell that my ex did not receive the Order yet, so I called the sheriff's office and they said someone had tried to serve the papers yesterday, Thursday. If the sheriff's office isn't successful in serving the papers today, what will happen? The Court said the papers had to be served by today, Fri, Feb 6. Will I be in violation of a Supreme Court order? 
Here's the timeline. I brought the papers to the Supreme Court on Fri, Jan 23. I received an email from the Court with instructions late on Mon, Jan 26. Tuesday was the epic blizzard, so everything was shut down. I didn't go to the sheriff on Tue or Wed, because I didn't want the papers to arrive on my daughter's 16th birthday. So I brought them to the sheriff last Friday, thinking a week was OK.

A:  David's Answer:  If the papers are served late, but your wife still shows up in court, it likely won't be an issue. If she doesn't show up, however, most likely the Court will adjourn the matter & give you additional time to serve. That said, no offense to the Sherriff's Office, you're better off going with a licensed process server. Schedule a consult with a White Plains Family Law attorney for a full assessment.   -- David Bliven, Westchester Family Law attorney (

No comments:

Post a Comment