Attorney didn't file response in 30 days; said he did. I'm so scared, am I in default? Help asap!!

A

angfisher25

New Member
Jurisdiction
California
I have a divorce attorney who I just found out has failed to file my Response. It didn't happen within the 30-day time period given to file a Response, and it still has not been filed. SO AM I IN DEFAULT?? I have gone to the Court website with my case number and it is not documented on my case summary. DO I GO DOWN TO THE COURTHOUSE AND FILE MY RESPONSE MYSELF?? SHOULD I GET IN CONTACT WITH THE JUDGE AND TELL HIM THE DEAL IMMEDIATELY? IS THERE A LAWYER OUT THERE THAT CAN FILE IT FOR ME, EVEN THOUGH I DON'T KNOW HIM/HER?
I want to know so badly if my husband is even aware... AND HOW MUCH POWER DOES THIS GIVE HIM IF I AM IN DEFAULT? COULD MY RESPONSE HAVE BEEN FILED BUT NOT SHOW UP IN IN THE CASE SUMMARY ON THE WEBSITE??
I truly apologize for so many questions, I really do thank you.
My attorney will not answer the phone, and I know I can take action on what he has done, HOWEVER, right now, I need to see what this all means! AND I NEED AS MUCH HELP AND AS MANY SUGGESTIONS AS I CAN POSSIBLY GET. Please! Thank you.
 
I cant answer most of your questions and/or concerns but...

Don't rely on the County's website for that stuff. Sometimes they are behind a few days and haven't updated it just yet. Chances are, since you are in CA, courts are closed today and probably wont open until Tuesday.
 
KyleW said:
I cant answer most of your questions and/or concerns but...

Don't rely on the County's website for that stuff. Sometimes they are behind a few days and haven't updated it just yet. Chances are, since you are in CA, courts are closed today and probably wont open until Tuesday.
Click to expand...


Thank you Kyle. However, August 11th was my 30-day deadline, so if my attorney filed by that date, the very last date possible, it should be in the case summary by now as we are in September. I checked three days ago and it was not there either.
 
angfisher25 said:
Thank you Kyle. However, August 11th was my 30-day deadline, so if my attorney filed by that date, the very last date possible, it should be in the case summary by now as we are in September. I checked three days ago and it was not there either.
Click to expand...
Yep, sounds like you need to make a trip to the court house. But thats about as much as I know in regards to your question
 
angfisher25 said:
Thank you. Thank you very much. I am just beside myself, but I will need to get strong and just go at it.
Click to expand...

It's a long holiday weekend.
The worst that can happen is a delay.
You might have to file a new petition, but I doubt it.
If you do as Kyle suggested, you'll get answers.
Then you'll know your next step(s).
Meanwhile, take a deep breath, relax, enjoy the last few days of summer.
 
angfisher25 said:
I have a divorce attorney who I just found out has failed to file my Response. It didn't happen within the 30-day time period given to file a Response, and it still has not been filed. SO AM I IN DEFAULT?? I have gone to the Court website with my case number and it is not documented on my case summary. DO I GO DOWN TO THE COURTHOUSE AND FILE MY RESPONSE MYSELF?? SHOULD I GET IN CONTACT WITH THE JUDGE AND TELL HIM THE DEAL IMMEDIATELY? IS THERE A LAWYER OUT THERE THAT CAN FILE IT FOR ME, EVEN THOUGH I DON'T KNOW HIM/HER?
I want to know so badly if my husband is even aware... AND HOW MUCH POWER DOES THIS GIVE HIM IF I AM IN DEFAULT? COULD MY RESPONSE HAVE BEEN FILED BUT NOT SHOW UP IN IN THE CASE SUMMARY ON THE WEBSITE??
I truly apologize for so many questions, I really do thank you.
My attorney will not answer the phone, and I know I can take action on what he has done, HOWEVER, right now, I need to see what this all means! AND I NEED AS MUCH HELP AND AS MANY SUGGESTIONS AS I CAN POSSIBLY GET. Please! Thank you.
Click to expand...

Calm down. Go to the courthouse. Find out what happened.

If you do end up in default you get nothing. My divorce is a default decree as my ex husband did not file a response in 30 days at all (because he just didn't do it, not because some lawyer may have screwed up) and did not come to any court hearings at all. So I got a default hearing. He has no visitation plan with our daughter because he didn't show up and he did not do the parenting class online. And supposed to pay half of daycare and $86 a month child support because my lawyer figured out what a 40 hour min wage work week would consist of and apparently $86 a month for a child came out of that. Not that I get any of it...

Just go to the courthouse. They are slow to update sometimes.
 

Share this page

Get a free case review from a lawyer
Back
Top