how can you tell if ur lawyer filed a petition

If you presently have an attorney, call and ask the attorney whether a motion was filed. If you are asking about the history of your case and whether such a motion was filed in the past, go to the clerk of the Circuit Court and review the court file. Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum.

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How do I file a petition with the court?

To file your petition with the court, you take the completed document and any other required court forms to the clerk of the court that you want to hear your case. Then you can start preparing for your hearing.

How to petition the court without an attorney?

How to Petition the Court Without an Attorney. It's important to note that any case that is heard in a court of law is received as a petition first. To petition the court, you must obtain the appropriate form and request a court date or hearing. By filing the form, you are "petitioning" the court to hear the case.

How do I know if someone has filed a lawsuit against me?

If it has, there are steps you can take to protect your rights. Visit the Court Clerk in your county of residence to find out if anyone has filed a lawsuit against you. The Court Clerk can conduct a record search to see if you have a pending lawsuit or judgment.

How do I get someone to appear in court?

If others are involved with your case, you will have to serve them a summons to get them to appear in court. This document would be provided to you when you file the petition. You may give the summons to the person yourself, through the sheriff's office, or through a service approved by the court you are filing with.

How do I know if my lawyer is cheating on a settlement?

Dennis BeaverThe attorney does not return phone calls in a reasonable amount of time, and;In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

How long should it take for a lawyer to get back to you?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

Can I sue a lawyer for lying?

No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

Who are lawyers accountable?

​Lawyer Accountability ​The legal profession is largely self-regulated, which makes it difficult for bad lawyers to be held accountable to their clients. Lawyers are often exempt from consumer fraud laws and other protections that apply to every other provider of consumer services.

What is considered an ethical violation?

What is an ethical violation? In a nutshell, an ethical violation is something that is - spoken, written, actioned - that violates a company's documented code of ethics, mission, vision, values, and culture. We also know that ethical violations laugh in the face of what is considered normal societal behaviour.

What are the common breaches of ethics committed by lawyers?

The following are some of the most common ethical violations that can be encountered:The attorney failed to communicate with the client. ... The attorney has failed to return important documents to the client. ... The attorney demonstrated incompetence. ... Conflicts of interest were apparent. ... Financial discrepancy was apparent.

How often should your lawyer contact you?

Once a month is a good rule of thumb if things are slow, but if you are preparing for trial or in my case an administrative benefits hearing, the contact with you and your attorney should be more frequent and specifically scheduled.

Is it normal not to hear from your attorney?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.

Why do lawyers ignore you?

If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.

Leslie Starr Barrows

Consult with a family lawyer and they can check to see if the divorce has been filed.

Adam Kielich

Hire an attorney right now. Whether your husband has filed already only matters to determine whether you need to file an answer to your husband's divorce petition. You can file a petition on your own.

Elisse Vickers Woelfel

Check to see if the county you reside in and the county he resides has an online docket. If it does you, can search by your name or his name. If you hire an attorney he or she can assist you with the whole divorce process including determining if he has filed.

Mandy M. Hebert

This is very easy. All you have to do is call the court and give them your names. They will search their database to see if the complaint for divorce has been filed. Best of luck!

How to find out if someone has filed a lawsuit against you?

If it has, there are steps you can take to protect your rights. Check with the Court Clerk. Visit the Court Clerk in your county of residence to find out if anyone has filed a lawsuit against you. The Court Clerk can conduct a record search to see if you have a pending lawsuit or judgment.

What to do if you have a lawsuit against you?

If a lawsuit has been filed against you, you don’t have to face it alone. A debt relief attorney can help you decide the best course of action. Your attorney might vacate the judgment if you weren’t properly sued and can even negotiate a settlement on your behalf. The attorney might even be able to get the case dismissed without payment if you have a strong defense. Talk to an attorney if you have a pending lawsuit or have received a default judgment. It might seem like building a defense is impossible, but you do have options. After you speak to an attorney, you will have a much better understanding of where you stand regarding the lawsuit.

What to do if you have a judgment against you and were never served?

If the Court Clerk tells you that you have a judgment against you and you were never served, you will need to file a motion to set aside the default judgment.

What happens if a judge orders a garnishment?

For instance, if the judge ordered a wage garnishment or a lien against your property, the Court Clerk will let you know. The next steps you take depend on if the lawsuit is still pending or if a judgment has been issued. If a lawsuit has been filed and a default judgment has not been issued, you have to act quickly.

How long does it take to settle a lawsuit in Texas?

Arizona and Florida both have a 20-day deadline to respond to lawsuits, while the deadline in Texas is 14-20 days, depending on where the lawsuit is filed. If you still have some time, consider attempting to negotiate a settlement if the debt is valid. ...

What happens if you don't respond to a default judgment?

However, if you failed to respond before the deadline and you do have a default judgment against you, the Court Clerk can provide you with relevant information. You can find out the name of the plaintiff, the amount you owe, ...

Can a creditor find you if you have moved?

The law enforcement official or process server might have handed the summons to someone in your home and then mailed the petition or complaint, or you might have moved, and the creditor cannot find you. That means the wheels of justice could be moving closer toward a lawsuit without you realizing it. If you think a person or company is considering ...

How to check status of immigration application?

To get basic information about the status of your immigration application online, go to the USCIS " Case Status Online " page and enter your receipt number. It's a good idea to also sign up for case updates from USCIS by creating an account (on the same page).

How to check immigration status?

To check your immigration status online, go to the USCIS " Case Status Online " page and enter your receipt number. It's a good idea to also sign up for case updates from USCIS by creating an account (on the same page). Another important area of the USCIS website is the Check Case Processing Times page.

What to do if you don't receive a USCIS number?

If you do not receive this number after several weeks, you can call the USCIS Contact Center or make an online e-request for follow-up. If you call, USCIS might be able to resolve matters over the phone, though possibly not during the initial call; expect to be asked for a call-back number. Or, USCIS might make an appointment for you to visit a USCIS office in person.

What to do if you are not getting anywhere?

If you're still not getting anywhere, consult an immigration attorney for help. An experienced U.S. immigration attorney can help you figure out what is happening with your case and will know what sorts of delays in processing are to be expected.

How long does it take to get a green card back?

If you have applied to immigrate to the United States, most likely under either the family-based green card category or the employment-based green card category, you might find that you have to wait several weeks or months to hear back from the office processing your case.

How long does it take to get a receipt from USCIS?

After you submit a petition or application to USCIS, its practice is to send a receipt, usually within several days or weeks. Look on your receipt notice for your 13-digit receipt number. The number will begin with three letters to identify the office handling the application, such as EAC, LIN, SRC, or WAC. Your receipt number will be helpful in tracing your case through the system.

How to get documents and information from a petition?

Use the discovery process to gain documents and information. Once your petition has been filed and the respondent has filed an answer, you can use legal proceedings to get information about the dispute from the respondent. They can use the same proceedings to get information from you. By the end of this process, both sides will have the same information. Basic discovery methods include: [13]

How long does it take to respond to a petition?

The deadline varies among courts but is typically less than 30 days. If the respondent fails to respond, you may be able to ask the court for a default judgment.

What is the law for serving a petition?

Serve the respondent with the petition. The law requires the respondent to have notice that you've filed a petition against them. To provide this notice, you have to deliver the petition to them in a particular way known as "service of process.".

What happens if a respondent lives far away?

If the respondent lives far away, you may have to file your petition in a court closer to them. Likewise, if your dispute is based on a written contract, the contract itself may specify which court you have to use. Some courts have limited jurisdiction.

What is a petitioner?

Through a petition, you ask a state court to make a decision for you regarding a legal dispute you have. You then become the "petitioner," while the other side is referred to as the "respondent.". The respondent could be another person, several people, or a business. In your petition, you explain your dispute to the judge ...

How many copies of a court order do you need?

Make photocopies of your signed forms. Most courts require you to bring at least 2 photocopies of every form you file with the court. One copy is for you and the other copy is for the respondent. If you've named more than one respondent, you'll need a copy for each of them.

What to do if court does not have forms?

If your court happens not to have any forms available, the clerk might be willing to give you copies of some petitions filed in similar cases. You can use those as a guide to set up your format.

What to do if sheriff has divorce papers?

If you find out the sheriff has divorce papers for you, arrange to pick them up as soon as possible. Avoiding service doesn't stop the divorce.

How to know if my spouse is divorced?

1. Contact your spouse's attorney. If you know your spouse has retained an attorney, you can contact him and ask if a divorce has been filed. However, the attorney has a duty of confidentiality to his client and is under no obligation to give you any information.

How to find out if you have been separated?

Contact state Vital Statistics office. If you have been separated with little or no contact for at least a year, there is a chance your spouse may have completed a divorce without your knowledge. She may have lied about not knowing your location and the court granted the divorce by default when you failed to respond. Each state has a vital statistics office where they record all marriages, births, deaths, and final divorces. Some states have searchable databases, others require that you request the information by mail. There may be a fee for this service. Start with the most likely states and work your way out.

How long can a divorce be filed?

Typically, divorce can only be filed in states where one party has lived for at least six months and the county were one party has lived from one to three months. The first county on the list will be where you live. The next, if you are separated, is where your spouse lives.

How long does it take to get a summons for divorce?

If you receive a Summons, you must respond by the date on the document, usually 20 days after receipt. Thanks!

What to do if your spouse disappeared?

Your goal is to narrow your initial search as much as possible. Divorce is an action of state law. As a result, there is no national compilation of divorce records.

How to get divorced without a judgment?

1. Educate yourself about divorce. In order to be divorced, a court has to rule that the marriage contract is dissolved and no longer exists. Without a judgment by the court, there is no divorce. Avoiding divorce myths can help you find the information that you need.

What goes in a court petition?

What Goes in a Petition? Individuals drafting a court petition should keep in mind that the purpose of the document is to advise the other party of the basic facts of the case. In order to do that, a petitioner must include the core facts and dates and must sign and date the petition.

What Is a Petition?

The term "petition" is used to refer to many different documents, from a petition gathering signatures to a petition for divorce. In the United States, the terms "petition" and "complaint" are often used interchangeably. The person filing the petition is called the plaintiff or petitioner, and the other party is termed the defendant or respondent.

What is the person who files a petition called?

The person filing the petition is called the plaintiff or petitioner, and the other party is termed the defendant or respondent. Generally, a plaintiff files a petition or complaint when he feels that he has been wronged in some way by the defendant and seeks money damages. However, a petition can also serve as the opening document in a divorce, ...

What is the opening document of a divorce?

However, a petition can also serve as the opening document in a divorce, bankruptcy or probate filing. A complaint contains an outline of the facts of the case. It usually must be accompanied by a summons, notifying the defendant of when the response is due. Together these opening case documents provide the defendant with notice of the lawsuit.

What should be included in a divorce petition?

If the petition is for a divorce, it should include the names of the spouses, the date of the marriage, the date of the separation, the names and ages of the children as well as the fact that the petitioner seeks a divorce. Once the summons and petition are prepared, the petitioner must file them with the court and see that a copy is personally ...

What is the difference between a complaint and a petition?

What Is the Difference Between a Complaint & a Petition? The initial document a person must file to begin a legal case is called a complaint or petition. In many states, it is possible for a lay person to fill out the court form herself without hiring an attorney.

Can a person file a complaint without an attorney?

A person filing a complaint without an attorney may be able to get assistance from the court. A plaintiff in that situation should find out if the relevant court has a court facilitator or an online self-help website for litigants without attorneys. A judge, however, cannot assist parties, and no court employee can give legal advice.

What to attach to a petition?

Attach a copy of both the final and initial agency orders to the petition.

Who serves a copy of a petition for judicial review?

Request that the clerk of the court direct the county sheriff to serve a copy of the petition for judicial review on the agency head or her designated agent.

What is the process of judicial review?

Many governmental and regulatory issues are decided by what are known as administrative agencies. If you desire to open a business that requires a license from the state and are denied such authorization, there is a procedure by which you may appeal that decision. The process is known as judicial review.

How to choose a lawyer?

Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever. Common problems that clients report with attorneys include: 1 Poor results. The lawyer is simply not achieving the results you were led to believe he or she could achieve. 2 Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. 3 Lack of professionalism. The lawyer perhaps arrives late to meetings, doesn't remember key facts about the case, cannot find documents already provided by the client, and even forgets to submit documents by key deadlines.

What happens if you believe your attorney violated your ethics?

If you believe that professional conduct was violated, you can report your attorney for ethics violation.

Why do judges get annoyed with lawyer shopping?

Judges in particular might become annoyed at a client who is "lawyer shopping," because this delays the matter and clogs their dockets. It also suggests that you are a difficult client, or that your claims are not meritorious.

Why do lawyers arrive late to meetings?

Lack of professionalism. The lawyer perhaps arrives late to meetings, doesn't remember key facts about the case, cannot find documents already provided by the client, and even forgets to submit documents by key deadlines.

How to terminate an attorney?

Notify your attorney in writing that you have decided to terminate his or her services. Be sure to mention how you would like a copy of the contents of your case file (mailed to you, to your new attorney, or provided to you in person, for example).

What are the bad things about lawyers?

Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. Lack of professionalism.

Why is it important to choose a lawyer?

Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever.