QUESTION
Is it legal for my the attorney of my husband's ex to send us a reply through the courts?
Asked on Jul 06th, 2013 on Divorce - California
More details to this question:
My husband and I served contempt of courts papers to his ex, court date being July 9th 2013. His ex's attorney just sent us a reply sent to the courts to us on Friday evening. There are papers left out that the attorney filed with the courts but, we do not have, example affidavits. Her attorney is claiming that we filed a "frivolous suit against his ex. According to her attorney it was ok for my husband’s ex to spend the annuity money granted to her to pay off the deed of contract and not to relinquish debt owed to the internal revenue service’s as the decree states. The internal revenue service’s is now taking money from my husband to pay off the debt that was to be paid in full in the year of 2012. As I said the attorney left out affidavits in papers sent to us but filed them with the courts.
5 ANSWERS
Immigration Law Attorney serving Hialeah, FL
at
Hernandez & Suarez, PL
Update Your Profile
It is very difficult to give legal advise without first reviewing all documents and pleadings in the case. You husband shall be represented by legal counsel who can review all the paperwork and advice your husbands on how the law applies to his case. If you feel you have not received all the paperwork filed with the court, you can contact the attorney and request a copy or, what would be best, you to court and get a copy yourself! That way you know for sure what was filed. Again, gather all documents, filed before and now and have an attorney with family law expertise review the case to make sure of your husband's legal rights.
Answered on Jul 09th, 2013 at 7:58 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Typically, you file your pleadings with the court and send a copy to the other side. That sounds like what happened here.
Answered on Jul 09th, 2013 at 7:21 PM
Family Law Attorney serving Irvine, CA
at
Law Office of Julie A. Ringquist
Update Your Profile
I'm not sure that I totally understand your question, but if the attorney had you served late or did not serve complete paperwork, you can let the Judge know when you get to court and the Judge will likely give you time to examine the complete response, you will be able to ask for a short continuance to another date if you did not get all the papers that you were supposed to receive.
Answered on Jul 09th, 2013 at 7:20 PM
Business/ Commercial Attorney serving Seattle, WA
at
Wolfstone, Panchot & Bloch, P.S., Inc.
Update Your Profile
I may not be clearly understanding your question; but if the opposing attorney filed pleadings with the court in response to your husband's motion that were not also provided to your husband, then he should bring that to the attention of the judge hearing the motion July 9th.
Answered on Jul 09th, 2013 at 7:20 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
at
Utah Family Law LC
Update Your Profile
Your question is hard to follow, but if you are asking whether it is legal for your ex-husband's attorney to file with the court a reply to your motion to hold your ex-husband in contempt and to send you a copy of that reply, the answer is that it is not only legal, but required of your husband's attorney to do so.
Answered on Jul 09th, 2013 at 7:20 PM