jil_stevens
Carpal \'Tunnel
Reged: 07/31/06
Posts: 3893
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For now anyway...
The last several filings that Ex's attorney has filed, I have not received a copy of. It really isn't a huge deal because, through my job, I have access to lexisnexis online, I have a track on my case, and I get an email when something is filed.
But, with each document filed with the court there is a signed certificate of service that it was mailed to me and they weren't.
With my lexisnexis file&serve membership, I can only view. I can't file or be served that way because I am not a licensed attorney.
Is there anything I can do about this? It shouldn't be my responsibility to track for filings but otherwise I have no idea when things are filed.
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9815
Loc: Arkansas
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I don't know, other than to complain to the attorney and run up his legal bill. When my husband was sued for more CS, the attorney didn't send us a final copy of the signed agreed order as he stated that he would. I just called the Circuit Clerks office and they sent me a copy. I think it's unethical and just plain sorry to say you're going to provide something and then not do it.
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Eternity is too long to be wrong.
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19801
Loc: Third rock from the sun
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It really isn't a huge deal because.....
---> Yes it IS a "huge deal" and you should know that if you work in a law office. What is wrong with you?!? This is a VIOLATION OF DUE PROCESS!!!
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If you air your dirty linen in public, expect people to comment on the skid marks!
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jil_stevens
Carpal \'Tunnel
Reged: 07/31/06
Posts: 3893
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I think so too, because if I didn't have the ability to track this on my own, I would have missed the opportunity to file responses, would not have made hearings, etc. Things probably would be ovre and all in their favor for me not cooperating. Maybe what they want.
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19801
Loc: Third rock from the sun
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You NEED to bring this to the courts attention!
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If you air your dirty linen in public, expect people to comment on the skid marks!
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jil_stevens
Carpal \'Tunnel
Reged: 07/31/06
Posts: 3893
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That is what I was thinking...but wasn't sure whether to just bring it up (we have a contempt advisement next week), file to modify the contempt order, or file a separate motion.
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19801
Loc: Third rock from the sun
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You don't need any fancy paperwork...just tell the Judge:
Y"our honor...sir/ma'am...I'm not entirely sure how to address this problem...so maybe you can advise me.
I have access to LexisNexis and have it set up so that it emails me wherever here is a change to the docketing and I have noticed that there are documents being filed along with a COS...that I have never received. Now BECAUSE of have this access...I know about the documents, but if I didn't...I would be SOL. Now I can understand a single item maybe getting lost in the mail...but ALL of these? I think I should file a complaint because of a lack of due process."
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If you air your dirty linen in public, expect people to comment on the skid marks!
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