invoking sscra....

[mykidsrock]

invoking sscra....as answer to suit

What is the name of your state (only U.S. law)? GA

hubby is wishing to invoke SSCRA to stay proceedings until he returns from deployment after next spring. we have a letter from his commanding officer stating so accompanied with his orders. how do we present this to the court ? do i go in his place and just hand to judge when case called ?

I thought we should first file an answer to the suit with the commanding officers memorandum and orders. should i still go in his place ? do i have to have an attorney file this for me ? sorry for the questions, i obviously am a legal idiot.

thanks for the help.

 

[Texas Pooh]

Call the Clerk of the court and ask how to invoke the stay. Different courts use different procedures - sometimes you have to file a motion to abate or stay, for example. Sometimes you simply present the orders to the Court.

If you don't understand what the clerk tells you or its not helpful, please get a local lawyer to help you. You don't want to make a procedural error.

 

[mykidsrock]

thank you so much ! that's the best advice i've heard all day. although i should have known to try that...see what i mean about me being "legal idiot"

 

[mykidsrock]

well, i called the clerk today and was told i had to ask an attorney. so i asked an attorney and was told to ask the clerk....i need a drink...