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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19930
Experience:  Attorney with experience in family law.
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I am filling out a request for hearing on a motion (Form #MC-288)

Resolved Question:

I am filling out a request for hearing on a motion (Form #MC-288) to get back $500 of alimony overpayment (that was paid direct by me and not thorugh the court system). My questions are as follows:

1. Motion:__________ what should I fill in here?
2. Relief Sought: __________ I assume I can only ask for the $500 of overpayment plus the $60 filing fees? Is there anything else I need to mention or that I can ask for in the time wasted and stuff like that?
3. Moving Party: ___________ what does this mean and what should I fill in here?

Also, do I need to fill in the attorney information for my either of us?

4. Responding parties/attorney __________ we don't really have attorneys that we used.


5. ____ I certify that I made personal contact wit hthe individual listed below requesting concurrence in the relief sought but it was denied

or

_____ I certify that I made reasonable and diligent efforts to contact the individual listed below but was unable to do so.

What should I check? I have asked my ex to pay me back (she admits that I have overpaid) but she refuses to do so.
Submitted: 10 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 10 months ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

1. This is the name of the motion, which would usually be something like Motion for Refund of Alimony Overpayment.

2. Yes, the relief sought is what you're asking the judge to do. Unfortunately, a person cannot request compensation for their time and aggravation in a court proceeding.

3. This is asking for the name of the person who is making the request, which is you.

4. That is asking for the name of the responding party or that person's lawyers. If there are no lawyers, it would just be the name of the other spouse.

5. The first line is for if you've managed to talk to her to try to resolve it and she won't work with you. The second line would be if you were calling her and she was refusing to answer, or sending back letters from you unopened, something like that.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 10 months ago.


Thank you for your answers. My last question is this, after question 5, it is asking for 'Date (s)" that I contacted the Plaintiff; I have filled in the following, "Various dates, most recently 10/13/2013". is this sufficient or do I need to fill in all of the dates that we have talked, emailed, or texted?

Expert:  Lucy, Esq. replied 10 months ago.
If you know specific dates, it can't hurt to include them. If there isn't room for every single time you tried to talk to her it could say something like "Multiple dates, beginning DATE and ending DATE" or "Multiple dates including InitialDate, a couple of dates in the middle, EndDate." The judge just wants to see that you didn't run straight to court to file the motion without making some effort to work it out on your own first. Showing him how long you've been trying to work it out could help, which is one reason to consider listing the first day you tried talking to her about this.
Customer: replied 10 months ago.


Makes sense, thank you. I just have 2 more questions I just thought of.


 


1. Am I allowed to ask to have the court filing fee's reimbursed as well as this fee as "Legal Advice", I guess my questions is should I ask for re-imbursement for these costs?


 


2. Under the Proof of Service Section at the end of the form, am I the person responsible for mailing her a copy? And if so,do I mail the document after it has been filed, when do I mail it to her?

Expert:  Lucy, Esq. replied 10 months ago.
1. You are allowed to seek reimbursement of court costs. Because there is no attorney/client relationship established by JA and we do not provide representation, a judge would likely not find that any costs associated with this site were compensable.

2. The party filing a request for hearing is responsible for sending a copy to the opposing party. Usually, the certificate of service is signed, copies are made, and the motion is mailed to the court and the opposing party at the same time. Since the certificate of service is swearing under oath that a copy has already been sent to the other party, if it is being filed in person at the courthouse, it would be mailed to the other party first.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19930
Experience: Attorney with experience in family law.
Lucy, Esq. and 2 other Family Law Specialists are ready to help you

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