AnneB
Carpal \'Tunnel
Reged: 09/21/05
Posts: 3645
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What is happening with your H's motion to vacate, motion for new trial, etc.? You haven't posted or I have missed it! What is the next step?
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M5M5
Carpal \'Tunnel
Reged: 07/29/05
Posts: 11722
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Well I posted a few days ago on the stepfamily forum. We haven't filed anything yet. DH went to the library last week and couldn't find the forms for a motion to vacate. We are going again on Thursday..we are trying to figure out if it's called something else here. He also had the librarian help him and they both couldn't locate one of the legal forms books. So..hopefully it will be there on Thursday. He did find the motion for a new trial.
He also has an appointment with an attorney on Thursday (I think) for a free consultation...just to gather info on what steps we need to take (and hopefully they will know the appropriate form we need to have for a vacate).
Trying to get all our ducks in a row. The atty he contacted that does pro bono work told him that he only handles criminal cases but will check around and see if anyone he knows will take on a family law case.
I've also searched online and can't find any Motion to vacate forms for TN. Does anyone know of any sites to recommend? I'm afraid of filing a form that is unheard of in our court lol.
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jsp
Carpal \'Tunnel
Reged: 09/30/05
Posts: 4197
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You probably have, but have you talk to your husband's clerk friends... they might know the form. Good luck with the attorney - hopefully this one will be better. I just don't get how the judge has done everything he has, including allowing your attorney to drop you right before a court hearing.
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M5M5
Carpal \'Tunnel
Reged: 07/29/05
Posts: 11722
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He did ask the clerk but she didn't know either...figures. This isn't the first time the judge has let attornies drop other ppl right before a court hearing (as long as they have sufficient time to get another one before the hearing) before..alot. Now..I really do like this judge...especially after he put BM in jail..really like the guy =) I just think he did what he did because he didn't know the whole story..didn't get to hear both sides and God only knows what happened in the court room that convinced him to decide the case when we were not even on the docket and DH was not in the room.
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jsp
Carpal \'Tunnel
Reged: 09/30/05
Posts: 4197
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M5, liking a judge and the judge doing things properly are two different things... I can like a lot of people, but if they don't do their jobs, etc. what good is liking the person. Yes, he put mom in jail once, but look at the outcome of what happened recently. For me, I'd think its time for a judge change and an attorney change. A judge should not be allowing an attorney to drop based on imediate non-payment given he just accepted you as a client. It's one thing if you had a huge bill, but you didn't and he should have stuck with you through at least the court hearing. To me that is very unethical!
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M5M5
Carpal \'Tunnel
Reged: 07/29/05
Posts: 11722
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Oh I agree with you there! We just had the elections for the judge ealier this year, so he will be on the bench for a while lol. He's been on the bench for like 20 years I think.
I agree with you about the attorney too. He didn't give us enough time to come up with the money..he was wanting almost 2K within a month.
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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As I told you before...there is no "form" for a Motion to Vacate.
Type "motion to vacate" into your search browser...it will pull up many EXAMPLES and THAT is what you base YOUR MTV on.
And I offered to help ya'll...Gecko might be a mean b1tch sometimes, but she does know her stuff. I ran a legal document preparation service for 6 years plus I have worked for attorneys.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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Debbie_L
Pooh-Bah
Reged: 06/06/05
Posts: 2031
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I would take Gecko up on her generous offer. You need all the help you can get at this point. Good luck.
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Melody
Carpal \'Tunnel
Reged: 06/02/04
Posts: 10102
Loc: California
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PM Gecko and let her help you draft an appropriate document ASAP! Otherwise you're going to have to wait until next week to deal withthis!!!
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jil_stevens
Carpal \'Tunnel
Reged: 07/31/06
Posts: 3893
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Yes, Gecko is good with this stuff. And don't worry about using the "right" form, you really just need any form, you can make one on your computer, put the heading on, and then call it a motion to vacate, and go from there.
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