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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3838
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Hello, is right that a judge give a order without you present

Resolved Question:

Hello, is right that a judge give a order without you present in court if you and your attorney is not notified?
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

I'm sorry to hear about your situation.

It is your lawyer's job to make sure he is aware of all the court settings when he takes your case.

Had you hired your lawyer as of September 25, 2012?

I look forward to hearing back from you.

-ZDN
Customer: replied 1 year ago.

Yes, he's been my attorney for the past 3yrs. this motion was file by my ex wife and not a professional attorney. I believe that she didn't send a notice so the judge can rule pro se without me and my attorney present.

Expert:  Zachary replied 1 year ago.
The law in every state requires that a party has to give notice of a hearing before a court can issue a ruling unless the hearing is done on an "ex parte" basis (which is reserved only for emergency situations). Do you know what the hearing was about or why the judge is ordering you to pay?
Customer: replied 1 year ago.
The hearing was about our daughter college fees. My ex wife asked to set a hearing for contrabution of college expenses on 9/25/12 and outstanding medical and high school fees and both parties must submit income affidavit.( I didn't get this order. I had to get a copy from the clerk office)
On 9/25/12 I was ordered to be responsible for 60% of college expenses for our daughter per semester this equals to $5022 payment within 30 days
Expert:  Zachary replied 1 year ago.
Thank you for your response. The hearing should not have gone forward if you never received notice.

You need to file a motion for rehearing and tell the judge that your ex wife never provided you or your lawyer with any notice of the hearing and that you are entitled to present the reasons why you are not responsible for 60%. You also need to ask the judge to stay the order until you can get the rehearing.

-ZDN
Customer: replied 1 year ago.
The judge allowed her to set the next court date for 12/20/12 on the order * that a rule is enter on my behalf to show cause why I should not be adjudged in civil contempt for failure to pay daughter college tuition of $5022 and past medical of $251 as previously orders herein and hearing on said rule is set for 12/20/12
Expert:  Zachary replied 1 year ago.
Great. You need to file a motion for rehearing. it needs to be a written motion and you and your lawyer need to file an affidavit supporting it which swears that neither you or your lawyer received notice of the hearing. Then you can argue this motion at the show cause hearing.
Customer: replied 1 year ago.

So this order is not a motion for hearing set for 12/20/12? View photo.JPG in slide showtitle="View photo.JPG in slide show"/>

Expert:  Zachary replied 1 year ago.
Hi, it is, but you need to file a motion for rehearing of the original motion that she filed to get the money judgment against you. This has to be a written motion before the court.

The order is for a hearing on the court's show cause request, where the court will ask why you haven't paid the money it ordered you to pay. You need to have your written motion for rehearing/reconsideration on the table so you can talk to the judge about it.
Customer: replied 1 year ago.

Ok, this has to be done ASAP I assume? Should I just set it for the same date 12/20/12 or try to get it earlier date?

Expert:  Zachary replied 1 year ago.
yes, do it asap. Set it for the same day since it is on the same issue.
Customer: replied 1 year ago.

My last question. What will happen if I don't have the money? I just paid my child support and arrears and I'm totally out of funds even the $5022. Will I have to go to jail or what?

Expert:  Zachary replied 1 year ago.
This is not the sort of court judgment that you would be in danger of going to jail for. If you cannot pay, then you need to be able to prove that you cannot pay. That means you need to take your financial records with you to show why you cannot pay.
Customer: replied 1 year ago.

Honestly, the reason I ask. The Judge said that he would exercise his authority and send me to jail or have the sheriff pick me up.

Expert:  Zachary replied 1 year ago.
When did the judge say this to you?
Customer: replied 1 year ago.

He said this today when I went to court. For the past 3yrs with this judge he always treated me like I was a criminal or a dead beat dad. I ask for a adjustment on my child support after a change of job and he didn't honer it.I went from 130k to 52k salary and said it was no change in income. I was never at a fair chance with this judge. I had been threaten 2 times before for jail or license suspension.

Expert:  Zachary replied 1 year ago.
The only way the judge can throw you in jail legally is if you are in contempt of court. That is why you must show up to the hearing and you must file the motions I mentioned. If you can show in good faith and with good evidence. The judge will not throw you in jail for not being able to pay a money judgment.
Zachary, Attorney
Category: Legal
Satisfied Customers: 3838
Experience: Lead trial/International commercial attorney licensed 11 yrs
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