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    Attorney and Notice of Appearance

    Mom asked me this question, and I have no clue and her attorney is out till Monday.

    Her last meeting he told her that she didn't need to appear that he was filing a notice of appearance and a continuation of her case for 90 days later. Her date is 5/19 (next week). She got a registered letter this afternoon, with three copies of the same Notice Of Appearance (one to the court, her, and the collections attorney) and a copy of the Certification of Service on the collections attorney. All it says is that her attorney has been retained on (gives the date) and he will be representing and negotiating all matters in and out of court for her in this matter from that date forward and all questions or orders need to be directed to his office. The Court Clerk already has it logged in the docket, but nothing about a continuation.

    Does she need to appear on the 19th, should she just in case, or is it all in the attorney's hands at this point and should she do what he says and not appear?

    #2
    Originally posted by BrokeIn2010 View Post
    Mom asked me this question, and I have no clue and her attorney is out till Monday.

    Her last meeting he told her that she didn't need to appear that he was filing a notice of appearance and a continuation of her case for 90 days later. Her date is 5/19 (next week). She got a registered letter this afternoon, with three copies of the same Notice Of Appearance (one to the court, her, and the collections attorney) and a copy of the Certification of Service on the collections attorney. All it says is that her attorney has been retained on (gives the date) and he will be representing and negotiating all matters in and out of court for her in this matter from that date forward and all questions or orders need to be directed to his office. The Court Clerk already has it logged in the docket, but nothing about a continuation.

    Does she need to appear on the 19th, should she just in case, or is it all in the attorney's hands at this point and should she do what he says and not appear?
    You/she pays good money for the advice of a professional. Do what he requests or why waste the money? This is very preliminary and I see he is buying time to regroup. Let him do his job. If she appears, she is game meat for the apposition and can be asked questions that she may not be prepared to answer. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      Give it a few days. The attorney needs to file his appearance before he can ask for a continuance right? May need the other party to "consent" to a new date, part of the "game".
      filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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        #4
        Quick update: Mom talked to her attorney on the 18th, he told her under no circumstances be at the court on the 19th, don't even show up at the clerk's office (1 floor down) to get her tags renews in case Hosto's lawyer was hanging around. He told her he had been able to get it dropped off the docket (no clue what that actually means, as he didn't say it was dismissed or continued, just "Dropped from the docket and that he had spoke with the Judge personally about some issues he [mom's attorney] had seen with the summons). As to the deed he was working on for her: He told her he would call her when it was ready, but he was still (3 weeks later) researching some matters concerning how he was going to handle it.

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