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How is it possible that you can get charged for failure to appear in court when you never received any notice whatsoever from your lawyer, the court or otherwise about a court date, shouldn't there be something wrong there?
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Mar 9, 2010 16:47
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| # ¿ May 4, 2024 09:03 |
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Incredulous Red posted:Well, if you have a lawyer for that particular matter, the answer to your question is "malpractice". My brother failed to appear in court yesterday and didn't even know it and got no notice of it from his lawyer, and found out today that he had missed it. It just seems like they would want to let you know something if you have a court date to me.
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Mar 9, 2010 18:35
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Incredulous Red posted:Again, what charge was he supposed to appear for? Hm, I'm thinking it was trespassing/communicating threats.
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Mar 9, 2010 19:32
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Incredulous Red posted:Fun guy. Which state was this in? Hillbilly hell, North Carolina. Edit: To give a little backstory to the situation, the plaintiff is his (still-legal, yet estranged, not yet divorced) wife, who around August of 2009 decided she didn't want him living there anymore and told him to get his things and get out, which he did. Of course, after being together and living there for over 10 years and having 2 children it's been pretty messy, the trespassing charge is from when he went back over there to talk to her like a day after she had kicked him out since her dad owns the property she brought about the trespass charge, and I think he did make some threatful comments over the phone, out of anger like any normal person would, so she brought about charge from that as well and they have been going to court over the end of 2009 over it, until finally around December it just kept getting continued over and over until finally they stopped setting court dates for awhile, my brother called for several weeks trying to find one out but they didn't have one set up, finally he gave up calling, figuring that his lawyer would call him when they finally set one, nope, apparently sometime between now and the middle of February they had set one for yesterday and his lawyer didn't let him know about it. Thorias fucked around with this message at 20:02 on Mar 9, 2010 |
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Mar 9, 2010 19:54
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Incredulous Red posted:So he has legal representation for this matter? That's what I've been doing, what I mainly want to know is how come it's possible to have a court date and not be told about it, with a letter, or a phone call or anything from the court or the lawyer? It makes it sound like to me that his lawyer doesn't really care about winning this case if he won't tell his client about the court date.
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Mar 9, 2010 22:13
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