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Husband is involved in accident, while defending civil case

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Zigner

Senior Member, Non-Attorney
I thank you for your continued advice. So, We need to worry about the home or my husband's retirement account. A friedn of mine is saying that if the other party send any discovery requests or court orders something to do (which my huabd cannot do) it may be treated a court violation (is it "contempt"?). Any idea on this.
I'm really not sure what part of "HE NEEDS AN ATTORNEY" is confusing.
 


Taxing Matters

Overtaxed Member
I thank you for your continued advice. So, We need to worry about the home or my husband's retirement account.
Actually, you don't need to worry about losing he retirement account and almost certainly need not worry about losing the house either. Both are protected under Florida law, and the retirement account also gets protection under federal law.

A friend of mine is saying that if the other party send any discovery requests or court orders something to do (which my huabd cannot do) it may be treated a court violation (is it "contempt"?). Any idea on this.
Unfortunately it is clear that your friend is not lawyer. Discovery and motions are a common part of civil litigation and so long as the other party follows the rules that apply it won't be any violation. The fact that your husband is out of the country and facing medical problems does not somehow make it a violation for the other party to continue to pursue the lawsuit.

You really need to consult a lawyer about what to do about this lawsuit while your husband is unable to deal with it.
 

deidra45

Member
I thank you for your continued advice. You are true my friend is not an attorney. It appears I did not express my question properly. If the other party requests any documents or for deposition of my husband, etc (discovery requests, etc) from my husband, and if my husband do not respond (he cannot respond, obviously), will my husband be treated as violating the rules of the court , that is, whether my husband will be in further legal trouble such as contempt of court? Even if I temporarily hire an attorney for my husband, still that attorney cannot file any documents in response to discovery requests (and cannot make my husband to appear at a deposition) , etc, as my husband cannot supply any of these to the atorney.
 

Zigner

Senior Member, Non-Attorney
I thank you for your continued advice. You are true my friend is not an attorney. It appears I did not express my question properly. If the other party requests any documents or for deposition of my husband, etc (discovery requests, etc) from my husband, and if my husband do not respond (he cannot respond, obviously), will my husband be treated as violating the rules of the court , that is, whether my husband will be in further legal trouble such as contempt of court? Even if I temporarily hire an attorney for my husband, still that attorney cannot file any documents in response to discovery requests (and cannot make my husband to appear at a deposition) , etc, as my husband cannot supply any of these to the atorney.
See https://forum.freeadvice.com/threads/husband-is-involved-in-accident-while-defending-civil-case.657062/page-3#post-3666409
 

deidra45

Member
I thank you for your continued advice. Honestly I don't know what I need to do or where (at what stage). I do not want my husband, once recovered, should not be arrested if he tried to enter US (or after entering US) due to the reason of court contempt for not responding to other party's discovery requests, or court orders, etc.

Since it is clear that we do not lose our home or my husband' retirement account, I do not want an attorney for that.
Please advise me any thing you think is good to do at this stage. We are barely surviving from day to day and wish my husband should recover and spend time in US without getting arrested.
 

Just Blue

Senior Member
I thank you for your continued advice. Honestly I don't know what I need to do or where (at what stage). I do not want my husband, once recovered, should not be arrested if he tried to enter US (or after entering US) due to the reason of court contempt for not responding to other party's discovery requests, or court orders, etc.

Since it is clear that we do not lose our home or my husband' retirement account, I do not want an attorney for that.
Please advise me any thing you think is good to do at this stage. We are barely surviving from day to day and wish my husband should recover and spend time in US without getting arrested.
You have been repeatedly told what you need to do. HIRE AN ATTORNEY.
 
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