Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

To SocrateaserMore drama, everyday there is something

<p>To: XXXXX XXXXX drama, everyday...
<p>To: XXXXX XXXXX drama, everyday there is something new. Today I received a "Notice to Appear and Product CCP 1985 B-C," from my son's mother and her husband/attorney. The court date is the same date of the scheduled OSC Contempt demurrer and the Motion for Reconsideration re: the court's ruling in May, which the mother is requesting that I be responsible for her legal fees. It is requesting me to bring bank statements, vehicles owned or operated by me, registration, insurance, cash deposit over $100, purchased over $500, property tax paid, expenses and items purchased for my son, federal income tax return, and anything else you could think of for the last two years. The majority of the requests are based on my income & expense declaration I had to provide as the mother request me to pay her legal fees. Do I have any legal authority or grounds to not provide this information? I thought discovery had to be requested 30 days before trial, is that not true? How can I go around and use the law in my favor to not provide it. Further, I am unemployed and most of the expenses are covered by my fiance. She is not a party to this action and not responsible to provide her stuff to the court. I just do not know where to go with this.</p><p> </p><p>Also, the mother has a default civil judgment against me. i signed a promissary note agree to pay her credit card debt if she terminated the pregnancy. she said she did and provided me documents from the abortion clinic. month's later i was informed that she was still pregnant. the mother file a civil lawsuit against me for the promissary note i signed. i was informed that it is illegal to have a verbal agreement to terminate the pregancy. the mother received a default judgment and no attorney fees. january 10 the mother and her husband served me with an order to appear for examination. i got it removed off calendar as i am not a residence and nor am i employed by orange county. the lawyer basically lied and said that i live in California and my custody order stated that i must maintain a residence in CA. To be honest, I think he is trying to use the family law court to examine me financially and receive discovery against me in the civil judgment, because they may be running out of money and do not want to hire an attorney in tyler to examine me for the judgment. is there any authority or case law that state he cannot use the family law court system to receive discovery or examine me for a civil judgment?</p>
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 hour by:
6/25/2010
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 40,148
Experience: Retired
Verified

Are you sure that it says CCP 1985, rather than CCP 1987???

 

It matters.

Ask Your Own Family Law Question
Customer reply replied 8 years ago

yes it says, " Notice to Appear and Produce Cal. Civ. Pro. §§ 1985 (B) - (C))"

 

also, did you read the new info i edit?

Well, this may be your lucky day, because the citation is wrong. The correct code section is CCP 1987(b)-(c). So, you haven't been lawfully noticed to do anything at all.

 

hehehe....

Ask Your Own Family Law Question
Customer reply replied 8 years ago

I guess it is my lucky day. Laughing

 

So do I need to respond with a declaration stating that I havent been lawfully noticed to do anything at all or should I just wait to court and orally inform the judge? i know he is doing this based on my income and expense declaration and he wants me to pay his wife's legal fees.

 

further, per CCP 1987 b-c, it has to be served 20 days prior to trial. court is july 9th and it was signed and served on june 19th, a saturday. i thought that when you serve someone it also has to be filed with the court, but the court is closed on saturdays. further, the days does not consist of 20 court calendar days, as you have informed me prior. the day of service he provided includes weekends and not 20 court calendar days. am i speaking correctly, if not please advise.

The CCP 1987 notice is the equivalent of a subpoena, but issued to a party, rather than a third party witness. It doesn't need to be filed with the court.

 

Regardless, if it ws served by mail then it would have had to have been served 30 days in advance. If served by express mail then it would have had to have been served 22 days i advance. So, June 19 is late, unless it was personally served by a process server.

Ask Your Own Family Law Question
Customer reply replied 8 years ago

It was served by mail. The enveope states "US Postage $5.95 Priority 92863, Date of Sale 06/20/2010, which is a Sunday.

 

also, do I need to respond with a declaration stating that I havent been lawfully noticed to do anything at all or should I just wait to court and orally inform the judge? i know he is doing this based on my income and expense declaration and he wants me to pay his wife's legal fees.

You can ignore the notice. Bring the envelope to the hearing, in case the judge wants proof that service was late.

Ask Your Own Family Law Question
Customer reply replied 8 years ago

ok so don't respond to the notice, just ignore it but when the judge bring it up just state i haven't been legally noticed?

 

do you ever practice law in the courtroom? if you did, i would love to observe you. i respect you and i respect you opinion and i really appreciate all of the help.

Yes, ignore it -- except, of course, that you're supposed to show up -- which you are going to do anyway.

 

Re courtrooms, I do occasionally practice. If I'm ever in family court, I'll try to let you know.

socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 40,148
Experience: Retired
Verified
socrateaser and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago
when is it appropriate to request a notice to appear and produce? Does there have to be a future court date? Does the court date have to deal with finances such as a request for legal fees or when an income and expense declaration has been filed? Thanks

The notice is the typical way to require that a "party" to a civil action appear at a trial or hearing (and, if requested timely, bring documents to the trial). Yes, there must be a future hearing set. The requested documents must be exactly specified, not merely categorized.

 

An income and expense declaration must be filed and current within 45 days of the hearing. Nothing more is required.

Ask Your Own Family Law Question
Customer reply replied 8 years ago

Hi there. Hope all is well. I received a letter from the mother's lawyer titled, "In re: Notice to Appear and Produce."

 

It says:

 

"This matter shall serve as a meet and confer. You have failed to produce any documents in response to the Notice to Appear and Produced that was served on you on June 19, 2010. Produce all documents of your to be received in my office on or before August 13, 2010 or I will move to compel production, and for sanctions against you for your non-compliance.'

 

The letter is dated August 6th. I am still in California for court on the 19th. I had my brother forward me any mail from the idioit. I just received the letter today, so August 13, 2010 as already gone by.

 

Just to refresh your memory he served me late and he used this authority for his notice to appear and produce, "Cal. Civ. Pro. §§ 1985 (B) - (C))" You informed me that he used the wrong authority and the only thing I have to do is appear and I did on July 9, 2010. You also stated that his service was untimely. He raised this issue in court again on July 30th but the judge just ignored it.

 

Therefore, how should I respond to this letter? Should I mail him a letter stating his service was late and that his authority only required my appearance? Should I just response saying that his service was late and not state anything about the wrong authority he used? Please advise. Thanks.

I don't remember the untimely service part, but I do remember that he failed to use the proper CCP 1987 authority.

 

Should I mail him a letter stating his service was late and that his authority only required my appearance?

 

A: Only you can decide what to do. I "justanswer" the questions. His notice did not require your appearance, because CCP 1985 is the authority for a subpoena duces tecum, and you weren't served a subpoena duces tecum, so you weren't required to do anything at all.

 

Should I just response saying that his service was late and not state anything about the wrong authority he used?

 

A: You could say that service was untimely, and that regardless, his notice did not legally require you to do anything at all -- and, then you could wait to hear the screaming, if he figures out the mistake.

 

I really don't know what to do. If he moves to compel production, your response would be that you were never required to do anything because you were not served a subpoena duces tecum under CCP 1985. The judge will crack up laughing.

Ask Your Own Family Law Question
Customer reply replied 8 years ago
what is a subpoena duces tecum? also, are you able to read your answers in the preceeding questions regarding the untimely service?
Customer reply replied 8 years ago
also, this idoit knows my home address and has it correct on the mailing envelope. but this is the 4th time he has placed "Shady" on the actual letter where my address is placed. how can i address this and tell him to stop playing childish games and use the correct address?
what is a subpoena duces tecum? also, are you able to read your answers in the preceeding questions regarding the untimely service?

 

A: A subpoena duces tecum is a means of compelling a nonparty witness to appear at a trial and bring documents within the control of the witness. It can be used to subpoena a party, but generally is not, because it's more complicated than a notice to appear and produce.


also, this idoit knows my home address and has it correct on the mailing envelope. but this is the 4th time he has placed "Shady" on the actual letter where my address is placed. how can i address this and tell him to stop playing childish games and use the correct address?

 

A: Just notify him that the address is incorrect on the lettehead. Don't make a big deal of de minimis stuff. It just clouds the air unnecessarily.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 40,148
40,148 Satisfied Customers
Experience: Retired

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
In a child support case what is the Ohio Revised Code to ask
In a child support case what is the Ohio Revised Code to ask that the court impose sanctions for not providing the information the court has asked for?… read more
Ray
Ray
Lawyer
Doctoral Degree
33,756 satisfied customers
I am in pro per. I filed a motion for Request For Order
I am in pro per. I filed a motion for Request For Order under MOTION FOR DAMAGES AND SANCTIONS FOR BREACH OF FIDUCIARY DUTY UNDER FAMILY CODE SECTIONS 271. Petitioner was 6 days late in there response… read more
LegalGems
LegalGems
Juris Doctorate
12,735 satisfied customers
In California Family Court, from the point a Motion or OSC
In California Family Court, from the point a Motion or OSC is filed is there a limitation on the window of time that Opposing Counsel may submit discovery demands?… read more
socrateaser
socrateaser
Lawyer
40,148 satisfied customers
Socrateaser Sir - Since a 128.7 is a hearing in which a final
Socrateaser Sir - Since a 128.7 is a hearing in which a final order is to be made, what is the formal procedure by which I can compel opposing counsel to answer a series of interoggatories? Can I just… read more
socrateaser
socrateaser
Lawyer
40,148 satisfied customers
Steven Does the State of California Have a Matching Rule for
Steven Does the State of California Have a Matching Rule for the following Federal Rule of Civil Procedure Rule 26(g) provides: (1) Signature Required; Effect of Signature. Every disclosure under Rule… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
FAMILY LAW QUESTION FOR CALIFORNIA ATTORNEY 1. Sister
FAMILY LAW QUESTION FOR CALIFORNIA ATTORNEY 1. Sister awarded court ordered interim spousal support of $4,116 per month, paid via wage garnishment, and husband to set aside one-half of CALPERS retirem… read more
socrateaser
socrateaser
Lawyer
40,148 satisfied customers
To Socrateaser (1st Contempt - Mothers Demurrer) Monday
To: Socrateaser (1st Contempt - Mother's Demurrer) Monday - 11.1 I will be attending the other party's demurrer for the 1st contempt action i filed, then dismissed without prejuidice, and then refiled… read more
socrateaser
socrateaser
Lawyer
40,148 satisfied customers
To Socrateaser (refiled contempt charges) I received the mothers
To: Socrateaser (refiled contempt charges) I received the mother's demurrer today by express mail. she has demurrer all counts stating: 1. cal. penal code 1387 bars refiling of osc's re: contempt that… read more
socrateaser
socrateaser
Lawyer
40,148 satisfied customers
To Socrateasers (Getting Custody & Vistation Reinstated) ok
To: Socrateasers (Getting Custody & Vistation Reinstated) ok so you know about the dv restraining order and that judge granted the mother sole legal and physical custody. you stated that my regular ju… read more
socrateaser
socrateaser
Lawyer
40,148 satisfied customers
To Socrateaser (New Contempt Charges) Quick question. What
To: Socrateaser (New Contempt Charges) Quick question. What is the best way to file contempt charges, as I haveXXXXXorder violations, but have been thinking that I should only file the violations wher… read more
socrateaser
socrateaser
Lawyer
40,148 satisfied customers
Im the petitioner in a child support case. My ex-husband hasnt
I'm the petitioner in a child support case. My ex-husband hasn't paid child support in two years. I filed paperwork with our local child support services agency. We are due to go to court in two weeks… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
To:Customer(Contempt Child Support) Today I was personally
To:Customer(Contempt Child Support) Today I was personally served while at the hospital for my son's emergency surgery, an OSC Contempt for child support. It was filed yesterday and the hearing is sch… read more
socrateaser
socrateaser
Lawyer
40,148 satisfied customers
To:Customer(Re-file OSC Contempt) I am planning to
To:Customer(Re-file OSC Contempt) I am planning to file the osc contempt tomorrow. I basically left everything the same with a couple of minor tweets. On the OSC and affidavit for contempt, form fl410… read more
socrateaser
socrateaser
Lawyer
40,148 satisfied customers
To:Customer(OSC Modification & Motion for Sanctions) The
To:Customer(OSC Modification & Motion for Sanctions) The 128.7 motion for sanstion for the other parent repleading counts that were already overruled is on calendar for july 30th. also the court conti… read more
socrateaser
socrateaser
Lawyer
40,148 satisfied customers
To Socrateaser (Motion to Reconsideration - Mothers Reply
To: Socrateaser (Motion to Reconsideration - Mother's Reply Brief) The mother filed a motion for reconsideration re: may 10th court rulings. I filed a responsive declaration. Mother's husband has file… read more
socrateaser
socrateaser
Lawyer
40,148 satisfied customers
may i make a procedural objection in my responsive declaration
may i make a procedural objection in my responsive declaration to respondents OSC ? or is that a separate motion? i am in pro per... in their latest supplemental osc resp. is requesting a "temporary" … read more
Ray
Ray
Lawyer
Doctoral Degree
33,756 satisfied customers
MAY I REQUEST ANTHONY -CA FAMILY LAW EXPERT anthony, i spoke
MAY I REQUEST ANTHONY?-CA FAMILY LAW EXPERT? anthony, i spoke to you recently regarding discovery I HAVE QUESTIONs REGARDING OSC'S AND RESPONSIVE OSC'S the judge told me i cannot put a request for att… read more
Anthony
Anthony
Attorney at Law
Doctoral Degree
146 satisfied customers
one year after my divorce finalized, the opposing party has
one year after my divorce finalized, the opposing party has filed to reduce child and spousal support AGAIN. please tell me which forms are needed for discovery to serve on the opposing party and to s… read more
Anthony
Anthony
Attorney at Law
Doctoral Degree
146 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x