Served - Only 20 Days to Respond... Please Help

[ncaptiva]

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

My mother was served with divorce papers on the 13th of this month. The letter said she had 20 days to respond. She has been trying to locate legal counsel, and has an appointment scheduled this Friday, the 30th. That will put her at 17 days. Monday will be 20 days.

Should we mail something immediately, just to serve as some kind of response (like something letting them know she is seeking legal counsel & her attorney will be in touch shortly), or could that end up being detrimental in some way? What happens if they don't receive a response in 20 days?

Please advise ASAP. Thanks so much,

April

 

[mistoffolees]

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

My mother was served with divorce papers on the 13th of this month. The letter said she had 20 days to respond. She has been trying to locate legal counsel, and has an appointment scheduled this Friday, the 30th. That will put her at 17 days. Monday will be 20 days.

Should we mail something immediately, just to serve as some kind of response (like something letting them know she is seeking legal counsel & her attorney will be in touch shortly), or could that end up being detrimental in some way? What happens if they don't receive a response in 20 days?

Please advise ASAP. Thanks so much,

April

A great deal depends on what she was served with and how she wants to respond. In general, though, the attorney can probably get an extension - or at least get an answer in by Monday.

Realistically, you will not know the details or the answers to all the questions that someone might ask. Have your mother create her own account and ask her own questions.

 

[ncaptiva]

This is what that particular section states:

"you have 20 Calendar Days after this summons is served on you to file a written response to the attached petition for dissolution of marriage with the clerk of this circuit court.
A phone call will not protect you. Your written response, including the case number given above and the names of the parties, must be filed if you want the court to hear your side of the case. If you do not file your written response on time, you may lost the case and your wages, money, and property may thereafter be taken without further warning from the court. There are other legal requirement. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office"

So it appears to me that if they don't receive *something* in writing by Monday, she's screwed.... I was hoping she could just send a letter stating that she is seeking legal counsel and her attorney will be in contact with his shortly. What I'm trying to find out here is whether that could end up being detrimental in some way, whether there is something else that should be said, or any advice on this matter whatsoever that is "common knowledge" in divorce law.

Thanks,

April

 

[mistoffolees]

This is what that particular section states:

"you have 20 Calendar Days after this summons is served on you to file a written response to the attached petition for dissolution of marriage with the clerk of this circuit court.
A phone call will not protect you. Your written response, including the case number given above and the names of the parties, must be filed if you want the court to hear your side of the case. If you do not file your written response on time, you may lost the case and your wages, money, and property may thereafter be taken without further warning from the court. There are other legal requirement. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office"

So it appears to me that if they don't receive *something* in writing by Monday, she's screwed.... I was hoping she could just send a letter stating that she is seeking legal counsel and her attorney will be in contact with his shortly. What I'm trying to find out here is whether that could end up being detrimental in some way, whether there is something else that should be said, or any advice on this matter whatsoever that is "common knowledge" in divorce law.

1. Just sending a letter won't help. She can file for a continuance (delay), but Friday will be plenty of time for her attorney to do that.

2. As I said before, your mother needs to post here herself. You are not party to this and, frankly, her involving you is lousy parenting.

 

[ncaptiva]

You have got to be kidding me... at first, your comment about her posting here was simply interpreted as ignorant and rude. Now your obsession over this is just weird & pathetic. Why on earth do you care who posts what? You have no idea what you're talking about, what I am & am not party to, or whether I'm beyond the age of "parenting." It's amazing that I can't just get sound advice on a "free legal advice" forum, but instead, I get drilled about who's asking the questions. Pathetic... thanks for the one-liner advice, though.. at least I'm somewhat further along than I was before I started. I've already posted elsewhere, where people are far more reasonable, helpful and sane. Jesus, what a bizarre thing to focus on... Anyway, I'm out. This is not at all worth my time. Way to represent this forum as a place never to come for actual advice.... great job.

 

[mistoffolees]

You have got to be kidding me... at first, your comment about her posting here was simply interpreted as ignorant and rude. Now your obsession over this is just weird & pathetic. Why on earth do you care who posts what? You have no idea what you're talking about, what I am & am not party to, or whether I'm beyond the age of "parenting." It's amazing that I can't just get sound advice on a "free legal advice" forum, but instead, I get drilled about who's asking the questions. Pathetic... thanks for the one-liner advice, though.. at least I'm somewhat further along than I was before I started. I've already posted elsewhere, where people are far more reasonable, helpful and sane. Jesus, what a bizarre thing to focus on... Anyway, I'm out. This is not at all worth my time. Way to represent this forum as a place never to come for actual advice.... great job.

Read the sticky. There are plenty of reasons why the person who is involved should be the one posting:

1. Third parties never have all the information (even though they may think they do).
2. Third parties can not do anything about the legal issues. If the person who is involved doesn't care enough to post their own questions, it is extremely unlikely that they will actually follow through.
3. Third paries can actually make things worse. It is not uncommon for a meddling step parent to cause their spouse to lose custody.

All of us here are volunteers and that's the way we choose to spend our time. If you don't like it, feel free to pay an attorney for advice. But don't be surprised when the attorney says he can't help you either - because you're not a party to the matter.

 

[Silverplum]

You have got to be kidding me... at first, your comment about her posting here was simply interpreted as ignorant and rude.

Interpreted by you, the new poster who knows nothing of family law and of how this forum works?

I find that to be...ignorant and rude.

Now your obsession over this is just weird & pathetic.

Obsession? Weird & pathetic?

You enjoy the descriptive words, I see.

Why on earth do you care who posts what?

Pretty much ALL of us care who posts what. It's not your problem as to WHY.

You have no idea what you're talking about, what I am & am not party to, or whether I'm beyond the age of "parenting."

Parenting continues till death.
My 76 y.o. mother still tries to tell me what to do and how to do it and what color to polish my toenails.

It's amazing that I can't just get sound advice on a "free legal advice" forum, but instead, I get drilled about who's asking the questions. Pathetic...

I'm guessing you're about 18 years old.

thanks for the one-liner advice, though.. at least I'm somewhat further along than I was before I started. I've already posted elsewhere, where people are far more reasonable, helpful and sane. Jesus, what a bizarre thing to focus on... Anyway, I'm out. This is not at all worth my time. Way to represent this forum as a place never to come for actual advice.... great job.

See ya!

 

[Free_Advice]

a request or motion for extension of time to respond may be your best bet .. this would be your first such request?

 

[mistoffolees]

a request or motion for extension of time to respond may be your best bet .. this would be your first such request?

Incorrect. OP can't request an extension of time OR ANYTHING. She is not party to the case.

Mom is seeing an attorney on Friday which gives the attorney plenty of time to file a motion if necessary.

 

[Antigone*]

a request or motion for extension of time to respond may be your best bet .. this would be your first such request?

It would not be HER best bet as she is not licensed to practice law.