Can a Court Hearing/DAte be Postponed?

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Latest post 06-04-2011 1:42 AM by CaliMom2011. 2 replies.
  • 06-03-2011 8:22 PM

    Can a Court Hearing/DAte be Postponed?

    I reside in Los Angeles County. Can I get/How do I go about getting  a court date postponed?  The details:

     

    I was recenlty served w/ a Motion to Compel to file my financial information.  The filing date is dated 4 days AFTER I turned my completed Financial Disclosure forms over to my atty.  Since the filing, my FORMER attorney turned over my Financial Disclosure to my ex's attorney.  I preface "former" because I was sent a "Substitution of Attorney" form to release my attorney and continue Pro Per or get another attorney (which I cannot afford)...hmmm, wonder why?  Could it be because my attorney was in BREACH??  The court date is coming up in a week and I am not prepared.  On top of that, my ex is petioning for ME to pay HER atty fees since she had to hire the atty to file the Motion - AGAIN, I had already handed over my Financial Disclosure to my attorney 4 days BEFORE her attorney filed the Motion to Compel.  I plan to file for bankruptcy immediately following the final dissolution judgement, which will now have to include the debt incurred by her atty if, indeed, I am found liable for having to pay her attorney's fee (though I don't think I should be liable since I turned over the Financial Disclosure PRIOR to the Motion being filed, though my attorney failed to turn it in before that time).  Sorry to be long-winded but wanted to state the facts!

    SOOOOOO, in the event you forgot my  original question - Can I get/How do I go about getting  a court date postponed?

    Thanks!

  • 06-03-2011 11:10 PM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
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    Re: Can a Court Hearing/DAte be Postponed?

    Not being prepared for a date known well in advance is NOT likely to be a good excuse for a postponement--judge is not likely to be amused.  Now I gather that for ones 1st postponement it tends to get granted pretty easily for any 1/2 decent reason--just I think to say you are not prepared is not a 1/2 decent reason..

    If your attorney was late to comply --that's a problem for you to address .

    Now if you retain a new lawyer that lawyer may have a valid request to get things postponed so that he or she can come up to speed.

    In general judges want to clear the calander of old cases --and if you are not prepared and enemy knows it --then the combination is likely to be a bad day for you as pro se. .

    Caution--Ch 7 is NOT going to work to discharge an alimony or child support obligation--and if your enemy gets  attorney fees awarded they may be smart enough to get the words in context of alimony or child support  --attorneys are pretty smart in making sure they get paid



  • 06-04-2011 1:42 AM In reply to

    Re: Can a Court Hearing/Date be Postponed?

    Thanks Drew!  My replies are below:

     

    Drew:

    Not being prepared for a date known well in advance is NOT likely to be a good excuse for a postponement--judge is not likely to be amused.  Now I gather that for ones 1st postponement it tends to get granted pretty easily for any 1/2 decent reason--just I think to say you are not prepared is not a 1/2 decent reason..

    - Is 2 weeks in advance enough time for a lay person to get prepared?  I thought that since my financials were eventually turned over (my ex, not my former atty of record, informed me that my former atty did indeed forward my docs to her atty, albeit days AFTER my former atty received the Motion) to my ex's that this  would go away.  If her atty has the docs then I have complied. Correct?   If my ex or her atty continue with the Motion it would only be to get me to pay the atty's one hour fee for drafting/filing the motion. The motion claims that if the atty has to go to court that it would be 4 - 5 hrs multiplied by her  fee.  All of that to get the original 1 hr fee from me!  It doesn't make since.

    If your attorney was late to comply --that's a problem for you to address .

    - How do I go about addressing this and to whom?  The Judge? My ex's atty? My former atty?  I feel that it is my former atty's fault that the dosc were filed AFTER the MOtion was received in her office, putting me in this position to begin with and that now that it smells of "breach" I am left to represent myself!  (smh)

    Now if you retain a new lawyer that lawyer may have a valid request to get things postponed so that he or she can come up to speed.

    - I can't afford a new lawyer!!!  I have been unemployed since August 2009 and have exhausted my savings/401K, etc.  hence the Chap 7 BK!  Off to Lega Aid I go on Monday!!

    In general judges want to clear the calander of old cases --and if you are not prepared and enemy knows it --then the combination is likely to be a bad day for you as pro se. 

    Caution--Ch 7 is NOT going to work to discharge an alimony or child support obligation--and if your enemy gets  attorney fees awarded they may be smart enough to get the words in context of alimony or child support  --attorneys are pretty smart in making sure they get paid

    -  It's been 2.8 yrs since our separation.  So far, there has been no spousal support or child support to speak of at this time.  At this point, due to my income, my ex would have to pay me spousal support.  I have been relegated to apply for CalFresh and am considering welfare if I don't find gainful emplyment soon (I have my college degree and 26 years professional sales experience).  She could come after me for child support but then I would go for joint physical custody and it would be a wash.  I ealize that she could seek child support until our minor children are 18 but I would rather have joint physical custody.

    - Bottom line:  So it doesn't sound like I can postpone, huh?

     

     

     

     

     

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