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.
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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 5 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.
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