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how do i file an answer to a motion in a civil suit without the help of an attorney?

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Colorado Springs, Colorado

Already Tried:
I have recently settled on an agreed order for visitation after almost two years and $4000 with the help of an attorney. I am now out of money to afford an attorney and my ex is trying to vacate and strike agreed order (although she still wants to keep the adjusted support, which is fine) I just want to see my daughter.

Customer (name blocked for privacy)

A response to any civil motion really just requires that you formally provide your response to the relief that she is requesting. If you have a copy of her motion to vacate, we can assist you in drafting your responsive pleading. Let us know when you first received her pleading and when the court hearing date has been set. I have never used it, but this might be a good case to resolve under this site's chat feature. If you would prefer to post the motion here, we can advise how to respond. Let us know how much help you want.

Edited by KokomoJoe on April 24 2006 at 12:26 AM

Attorneys are limited to offering specific legal advice in states where they are licensed. Online responses offered here are ADVISORY OPINIONS only and should NOT be considered specific legal advice! Consult a local attorney for specific advice.

Reply to LegalEagle, LLC's Post: I recieved the motion last thusday and the hearing (in illinois) is on may 2nd. I live in colorado making it even more difficult in this short time frame. thank you for your response. Is a telephone hearing an option?

Most courts will not permit a telephone hearing, but you could contact the Judge's chambers and ask his assistant if the Judge will permit a telephonic hearing. It would be unusual, but not impossible. You also could of course request a continuance and have the hearing reset if you are unable to travel to Illinois in that time period. A responsive pleading is more of a formality, the key is presenting evidence or argument as to why her motion should be denied.

Whenever the parties enter into a stipulated agreement, there needs to be a pretty compelling reason for setting it aside. So you start out on pretty good footing to begin with. In my response, I would cite the effort and cost to negotiate and reach the agreed settlement. What is she now claiming has changed to make the present agreed order no longer appropriate?

Just let us know how much help you need. If the two of you had protracted negotiations to reach an agreement and very little had changed, tell that to the Judge and demand that the original agreement be enforced. Unless there has been such a change to make the original deal unreasonable, you should prevail.

Attorneys are limited to offering specific legal advice in states where they are licensed. Online responses offered here are ADVISORY OPINIONS only and should NOT be considered specific legal advice! Consult a local attorney for specific advice.

Reply to LegalEagle, LLC's Post: Again, thank you.
I suppose it would be best if we could file an extention or ostponement of the hearing date so we could have more time to work this out.
I dont mind paying you for your time because this is more helpful than I expected!

Here's a basic motion to continue:

INSERT CAPTION OF LAWSUIT

Comes now the Husband, insert name, pro se and without counsel, and moves this Court to grant a brief continuance of the hearing scheduled in this matter, and in support, advises the Court as follows:

1. I am the respondent/petititioner (pick one) in this matter and have recently received notice of a hearing to be held in this Court on May 2, 2006.

2. That I am no longer represented by counsel and am living in Denver, Colorado.

3. That I will be unavailable to travel to Illinois on the 2nd of May and would request a brief continuance of this hearing in order to allow me time to arrange transportation to Illinois and also to inquire about securing representation locally from an attorney.

4. That I am requesting that the matter be rescheduled for approximately thirty (30) days from the date of the presently scheduled hearing date.

5. That I am not making this request for the purposes of delay or any other improper purpose.

WHEREFORE, I pray this the Court grant a continuance of the hearing now scheduled in this matter and for all other just and proper relief in the premises.

Dated: Signed:

Make sure you serve a copy on her attorney.

Hope that helps, let us know if we can be of any further assistance.

Relist:
WOULD LIKE TO CONTINUE CONVERSATION WITH KOKOMOJOE. IS THERE A CHAT FORUM?

I know there is a way to do it...lol...but I think it has to be initated on your end. Are there any buttons to request a chat? If not, contact support@justanswer.com and they can advise you. I am available most days unless I have other real-world hearings or appointments scheduled. I have an all-day trial tomorrow, but should be around most of today, just doing other legal work for regular clients.

Edited by KokomoJoe on April 24 2006 at 12:43 PM

Attorneys are limited to offering specific legal advice in states where they are licensed. Online responses offered here are ADVISORY OPINIONS only and should NOT be considered specific legal advice! Consult a local attorney for specific advice.

Bakjar...supposedly you request it through my profile...site charges $2 per minute, $120 per hour. I can type reasonably fast, but ignore typos in the interest of keeping your cost to a minimum. You may want to pre-type your question to minimize down-time.

Attorneys are limited to offering specific legal advice in states where they are licensed. Online responses offered here are ADVISORY OPINIONS only and should NOT be considered specific legal advice! Consult a local attorney for specific advice.

Reply to LegalEagle, LLC's Post: JUST PUT SOME MORE MONEY IN...HOPE YOU SEE SOME OF IT. YOU MENTIONED "CAPTION OF LAWSUIT". DOES IT LOOK LIKE THIS?

IN RE: MARRIAGE OF....     )
                           )
           PLAINTIFF       )    NO.:2002-D-68
                           )
VS.                      )
                           )
JARED B. BAKER,            )
                           )
              DEFENDANT.   )

               MOTION TO CONTINUE
        ????????????????????????????

That's it exactly! Then insert my text that was provided, but fix the typo in my "Wherefore" sentence. And change respondent/petitioner response to Defendant.

You're on the right track!

Attorneys are limited to offering specific legal advice in states where they are licensed. Online responses offered here are ADVISORY OPINIONS only and should NOT be considered specific legal advice! Consult a local attorney for specific advice.

Reply to LegalEagle, LLC's Post: Do i just file it as a "motion to continue" or "motion to request continuance"

Do I include a cover letter? I could just copy the format of my ex's attorney's cover letter, correct?

You can title it either way. If I were filing it, I would probably entitle it:

Defendant's Pro Se Motion to Continue Hearing; or

Defendant's Pro Se Motion for Continuance.

You should check to see if the Judge accepts fax filing, so you can get your motion on file in time to get a ruling so you know whether or not to show up next week.

Attorneys are limited to offering specific legal advice in states where they are licensed. Online responses offered here are ADVISORY OPINIONS only and should NOT be considered specific legal advice! Consult a local attorney for specific advice.

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