What is the name of your state (only U.S. law)? IL
I received a Petition for Rule to Show cause in the mail with a court date of 9/19/2008 regarding attorneys fees owed in a domestic matter. I was not able to attend the court date. I called the attorneys office and left numerous messages and none were returned. I then was served with a Notice stating that the case had been continued to December 4, 2008. I received a telephone call yesterday that a bench warrant had been issued on November 5, 2008 for my failure to appear in court on said date regarding the Petition for Rule. I called the Judge's clerk and was advised that the law firm filed an Motion to amend the date for the Petition for Rule to Show Cause on October 24, 2008, and had successfully changed the date to November 5, 2008. I was further advised that the law firm provided a "affidavit of certificate of mailing". I NEVER received this revised information and the law firm had a bench warrant issued for my arrest due to the fact that I didn't show up. THe only thing I was served with or ever received showed a date of December 4, 2008. What do I do now? I have tried contacting the law firm and they will not call me back. I cannot afford to be arrested, as I will lose my job if I don't show up to work. I did not receive proper notification. Is there anyway I can file a Motion to Quash the bench warrant and ask for a new court date? If so, any help with wording or a blank form would be helpful. I truly believe the law firm lied and never sent me the revised date. THis just isn't fair. I am a hard working person and had a temporarly job loss. I have worked everyting out with all my creditors, but this law firm is thinking I have bags of money sitting around my house. I tried settling with them at $100.00 per month back in May, 2008, and that wasn't enough for them. I really do not know what to do and I cannot afford to hire another attorney.
I received a Petition for Rule to Show cause in the mail with a court date of 9/19/2008 regarding attorneys fees owed in a domestic matter. I was not able to attend the court date. I called the attorneys office and left numerous messages and none were returned. I then was served with a Notice stating that the case had been continued to December 4, 2008. I received a telephone call yesterday that a bench warrant had been issued on November 5, 2008 for my failure to appear in court on said date regarding the Petition for Rule. I called the Judge's clerk and was advised that the law firm filed an Motion to amend the date for the Petition for Rule to Show Cause on October 24, 2008, and had successfully changed the date to November 5, 2008. I was further advised that the law firm provided a "affidavit of certificate of mailing". I NEVER received this revised information and the law firm had a bench warrant issued for my arrest due to the fact that I didn't show up. THe only thing I was served with or ever received showed a date of December 4, 2008. What do I do now? I have tried contacting the law firm and they will not call me back. I cannot afford to be arrested, as I will lose my job if I don't show up to work. I did not receive proper notification. Is there anyway I can file a Motion to Quash the bench warrant and ask for a new court date? If so, any help with wording or a blank form would be helpful. I truly believe the law firm lied and never sent me the revised date. THis just isn't fair. I am a hard working person and had a temporarly job loss. I have worked everyting out with all my creditors, but this law firm is thinking I have bags of money sitting around my house. I tried settling with them at $100.00 per month back in May, 2008, and that wasn't enough for them. I really do not know what to do and I cannot afford to hire another attorney.