Respondent Lied About Serving Me

[liveasheck]

My question involves restraining orders in the State of: Michigan
I have a restraining order (2nd one) on someone and I found out that the respondent had a court hearing today to try to ammend/terminate it . Problem is I was never served. For whatever reason unknown to me the judge adjourned it for a couple weeks from now. The PPO office told me that the respondent "adimentally tried to have the case heard" and for good reason ---i wasnt there! My question is can I have her held responsible for lying...apparently the respondent had a paper that was notarized saying they served me but I WAS NOT SErved. How can she or how can she have someone lie about this? what can i or should i do?

[jk]

Is this the first hearing since the issuing of the RO?

and did you request an ex parte order?

My question involves restraining orders in the State of: Michigan
I have a restraining order (2nd one) on someone and I found out that the respondent had a court hearing today to try to ammend/terminate it . Problem is I was never served. For whatever reason unknown to me the judge adjourned it for a couple weeks from now. The PPO office told me that the respondent "adimentally tried to have the case heard" and for good reason ---i wasnt there! My question is can I have her held responsible for lying...apparently the respondent had a paper that was notarized saying they served me but I WAS NOT SErved. How can she or how can she have someone lie about this? what can i or should i do?

As far as I can see, it requires service be performed by a Sheriff or an authorized process server. If the respondent has a signed notice of service, she didn't do anything wrong. You would have to prove the service claimed was not actually performed and until you find out what the serving agent recorded, you cannot know if it is false or not.

[liveasheck]

why would i not know if its false or not when i was never served?
Yes it is a exparte
this is the 2nd ppo i have had on the respondent 4 days after the original expired the respondent ay.4 days after it expired she threatened
Me on a public forum 4 times so i cant imagine how she is going to fight this...

[jk]

To serve the respondent in person, you can either pay a process server or sheriff or have
a willing friend or relative do it for you. You cannot serve the respondent yourself. If you
can't pay the service fee for a process server, have a friend or relative do it. If you choose
a friend or relative to serve the papers, they must be over 18 years old. Pick a friend who will
not be a witness in the case. If a friend or relative serves the papers, proof of service must
be notarized. Personal service takes from several days to several weeks.

so, she (he?) could not have served the filing themselves. If a sheriff or authorized process server served it, you will lose an argument of improper service. If a friend served it, obviously they would have to have their statement of service notarized (I suppose that is what they had. If the server swears they served it, unless you can prove some complicit act to commit fraud upon the court, the only person getting into trouble would be the server themselves.

Until you see who supposedly served it and how they supposedly served it, there is really nothing you can do other than claim you were not served. Since the hearing was postponed, what does it matter? No action was taken without you there.


so, what do you do? Go to the eventual hearing and answer the judges questions.

[liveasheck]

I guess (without getting into the details trust me they are not pretty)with all that this person has put me thru and it has involved stress to the point of illness i would like to have her held responsible for lying and saying that i was served ...or in legal terms...have the person they said served me held responsible. The case was r/s for a day that I will be out of the state and from what i have been told it will be very difficult to r/s it. I also am a firm believer in the court system and would like to expose the lies. I am 99.9 sure that they are claiming it was served by a friend or relative because this person isnt "right" and would not use a paid professional.
Yes I will one way or another be at the scheduled or r/s hearing....for the simple reason that i do not want the order removed
and by the way thank you so much for answering me...quickly and i appreciate any and all advice...