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I am pro se in a case, and was asked to file a response to…

Customer Question
I am pro se...

I am pro se in a case, and was asked to file a response to an attorneys motion to intervene. Yet during the hearing the judge granted them their motion...so what is the purpose of me filing a response to a hearing I already lost?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I did file a response, but I was one day late. They filed a motion to default...and was granted. I am now in the process of having it set aside... but I still dont understand the nature of the hearing

Submitted: 9 months ago.Category: Family Law
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Answered in 5 minutes by:
7/28/2017
Family Lawyer: LawTalk, Attorney and Counselor at Law replied 9 months ago
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,876
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I'd like to welcome you as a new member of the site. Please remember that the experts on site that assist you are not site employees and we are only paid for our help when you rate our service to you.

There is absolutely no benefit to you filing a belated opposition to the motion to intervene which was already ordered allowed by the court. If the Response in opposition to the intervention was not filed before the hearing, and the motion was granted by the court allowing intervention, then you shouldn't bother filing a belated Response now. It would have no effect on the situation and would essentially be a waste of your time and effort.

You may reply to me again if you have additional questions, and I will be happy to continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug

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Customer reply replied 9 months ago
That doesn't quite follow what is happening though. We had the hearing and they had their motion to intervene granted. I failed to file a response on time, and now they have a default granted. They are now - as part of the default - demanding all of my unpaid legal fees to them (which are excessive and fraudulent). How are these two things tied together?
Family Lawyer: LawTalk, Attorney and Counselor at Law replied 9 months ago

If you failed to file a timely Opposition to the Motion, I would expect that they would have been granted a default ruling allowing the intervention.

What do you mean: They are now - as part of the default - demanding all of my unpaid legal fees to them Are you saying that they are asking the court to order that you pay their attorney fees in having had to file the motion?

Doug

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Customer reply replied 9 months ago
No, they are asking for all legal fees from the origin of our initial representation. They were my attorney for 4 years. In that time they billed me over $100k for a $8,600 case. I have already paid them over $25k, so they are asking the court for the ability to get a default judgment on the remaining $80k>
Family Lawyer: LawTalk, Attorney and Counselor at Law replied 9 months ago

Unless their motion also included a prayer for the alleged unpaid legal fees, then you were never placed on notice by their motion that they were seeking an order of legal d=fees in that amount and it would be inappropriate for the court to grant them a judgment for those alleged fees.

You may reply to me again if you have additional questions, and I will be happy to continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug

Ask Your Own Family Law Question
Family Lawyer: LawTalk, Attorney and Counselor at Law replied 9 months ago

Good afternoon,

Is there anything else I can assist you with today? It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you by clicking on the rating stars so that I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service. It is greatly appreciated.

I wish you the best in 2017,

Doug

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