Appear Appearance File An Appearance

Question: Do I need to appear in a civil matter if my attorney has filed an appearance ?? I have a court day that is actually tomorrow, my attroney filed an appearance and has not indicated that I need to be in court, which is a considerable drive. His secretary last week indicated he was trying to change the court date, but never heard anything back. So will he appear for me ? Would he have told me if I need to be there ?? I did get a summons for this case back a month ago, but I thought that him filing an appearance was just what it said, that he would appear for me.

Answer: He must show up for you in any case. It's what you're paying him for. Whether you need to show up in addition to your attorney depends on the kind of court proceeding it will be. If it's just a routine pre-trial conference or motion hearing then usually you don't need to go. Over the course of a civil case there can be many such proceedings and it makes no sense for you to go every time if the only thing you can do is sit there next to your lawyer. If there's a chance that witness testimony will be taken then your attorney should tell you ahead of time.

Question: Why am I getting a Motion for Default for Failure To Appear? I have filed an appearance in a summary process eviction case. The clerk told me that I would receive a court date within 5 to 10 working days. Meanwhile, I have received a Motion For Default For Failure To Appear And Judgment For Possession. What does this mean? I have not yet received a court date.

Answer: Did you really "file an appearance for court" or were you served with a "court summons"? The way your question reads, you can either be the tenant or the landlord because either can make a claim for possession in an eviction case. 1) Because you failed to show up for court. 2) Maybe the clerk meant a court date to hear the "Motion for Failure to appear". 3) The motion means whoever is suing you wants to get you in more legal problems and maybe have the judge issue a criminal charge against you and also for the judge to sign a judgment for possession and thereby closing the eviction case against you. Your only recourse is a new trial if you can get it and the judgment is without "prejudice", which I doubt. Maybe if you obtain a smart lawyer, you can appeal to a higher court for monetary reasons, but higher courts won't place an injunction against an eviction court's eviction order. This is only my opinion and not advice. I think you mean you are the tenant. Did you get a lawyer? Tsk, Tsk if you didn't because it really sound like you need one now. My guess is the worst that can happen if you are the tenant is you get evicted and assessed a judgment for what you didn't pay in rents including late fees, etc.

Question: Court order written appearance for a debt owed? I received a court order to make a written appearance for a debt owed. I'm assuming after I file this appearance I will have a subsequent court date. Should I contact the creditor to talk about making payments? or is this already too late? If I goto court and ask the judge to make payments and pay off the loan in about a year, will I still receive a "Public judgement" against me which will appear on my credit? I'm not looking to dodge this and get a default judgement, i'd like to clear it up but I just can't afford to pay the entire amount. My biggest concern is a public judgement being filed and further ruining my credit... I'd like to avoid this as much as possible.

Answer: contact the creditor, they don't want to go to court, trust me. They will be happy to work with you.

Question: I need help with the appearance of my tool bar on my main page!? My son downloaded windows xp on my computer and the bars on the top of my main page are old looking. They aren't the xp's. I think he was in a hurry to leave and didn't set the look of the bars. How do I do this myself. Im not computer alliterate so I need help. Im talking about where the File,Edit, addresses appear on top. it's not the blue bars!

Answer: Maybe you are talking about Windows Classic/Windows default (standard) theme. Right click an open area on the desktop, click Properties, click the Appearance tab and change the options to what you want.

Question: What happens if I do not make an appearance in court for a restraining order? I have recently resorted to filing a temp. restraining order against my mother for harassment. (texts, phone calls, destroying my mental health amongst other things.) Court date to continue restraining order (or I think this is what it is for) is this week, the week I start college. What happens if I do no appear? To make this MORE complicated, my oh so mature "mother" filed a restraining order against ME a few hours I filed against her in her county. (parents divorced. I live with father due to obvious reasons.) How is this possible? THAT court date is set for a half hour before the original one- but again, in another county. What happens if I do not attend THIS court date? Again, I will be beginning my first week in college. Both were filed in NJ courts. Also is a lawyer recommendeded? This is a huge waste of time and money. All I want is for my unstable mother to leave me alone and feel safe from her unwanted and unexpected visits to my campus.

Answer: If you do not show up to the one against you then it will just go on, they do not require you to be there if it is against you. However if you do not show up to the one against your mother it will be dropped, you have to show up to show your case.

Question: I missed my Bankruptcy Court Appearance, what do I do? I had just went through Bankruptcy. I had some payment issues during it, but my parents helped me by paying it off near the end. When they went in, the lady at the desk told them I should wait for my court date in the mail, and appear there if I even have to go to court to finalize it. At the time I still had to go to one overdue Councelling Session with them, but I figured I would do this when I get the court date in the mail. Kind of dumb to wait I know. At the time, things were messed up. I was living with my mom when I applied since my rents were split up. When my parents went to pay, they gave them our new address since my parents got back together. However, the lady at the front desk must not have wrote down the information or passed it on, because the information was never mailed to the new house address. Now you would think in an important instance like this, they would get a hold of us after we missed the appearance. Hoyes Michaels, the Bankruptcy Company had tried to call my mom's cell phone, but never left a message. In the past they had called us and left messages with her if they could not get ahold of me at her house. About 6 months passed, and I file for my Tax Refund. I expected around $1000. Two more months pass and I still havent received it. I find out the reason for this is because my Bankruptcy was never finalized. I called up Hoyes Michaels and she tells me all this. And that it will cost me almost $1000 for them to appear infront of a judge again. So I guess my question is, is there anything I could do to the company via a lawyer or by threatening them with a lawyer? If not, what else can I do? She said something about appearing infront of a judge myself... How do I do this, and will it cost me?

Answer: You let 6 months go by without trying to get hold of Hoyes Michaels ? Its your bankruptcy, your future. You need another lawyer and explain the situation to them. Yes it will cost. You might be able to get hold of some community service consumer group and explain the situation. Work as hard as you can and do everything you can and do everything they say or you will never get out of it. And pay attention PAY ATTENTION TO EVERYTHING THAT IS GOING ON. Good luck.

Question: Can a small claims case be filed a second time if dismissed due to no appearance from either party? Due to lack of notification of court date to the plantiff, case was dismissed in the state of California County of LA Superior Court. Both plantiff and defendant failed to appear.

Answer: In general, the first dismissal is without prejudice and the Plaintiff may bring a new action for exactly the same thing a second time. The Professional, above, is startlingly wrong. Even his translation of Latin is wrong. Res Judicata and Double Jeaopardy are two different concepts.

Question: Is a written, signed, and dated paper agreeing on an amount of support to be paid a binding contract? The situation is child support. One party was served a summons to appear in court for child support. Both parties got together and agreed on an amount of support and wrote, signed and dated an agreement. Each party involved has a copy. The one who filed the case agreed to drop the court appearance. Is the paper they signed binding even if the other party does not drop the court date?

Answer: Absolutely not. Child support belongs to the child, a parent has no right to contract with regard to the amount without court approval.

Question: What should you do if you can't appear in small claims court? I am being sued for a medical bill that I paid in full. I sent proof to the court and the collection agency. I moved 2,000 miles away from where the claim was filed and can not make an appearance. I do not want to mess up my credit. Besides getting an attorney is there any other options to fight it?

Answer: If you don't show up in court, the collection agency will get a default judgment. If you can't travel there, get a local attorney.

Question: Excel Documents appearance? I was wondering if there is anyway you can get an Excel document to appear like its not Excel, I saw one a few months ago that was a table/questionaire, I knew it was an excel document becasue of the file extension but other than it was hard to tell how it had been created.

Answer: Yeah, there are a number of ways you can. For one, you can change the color of the gridlines. Then you turn the gridlines off. You can also turn the column and row headers off and a number of other different things. To play around with the views, go to: Tools > Options... Then select the View tab and start playing around with the settings on the view tab. To further make it not look like an Excel file, I believe you can even change the icon that is associated with the .xls Excel extension through Windows. And I think there may even be the possibility of changing the extension to a custom extension of your own making and still have it act like a .xls file. So technically you could make it look totally different in a bunch of ways from your typical Excel file look.

Question: What is an acceptable answer to a summons? I was served with a summons by an agency that I believe has purchased my credit card debt from the original company. (on my credit report, it says this debt has been paid and 'Charged Off as Bad Debt.") So, now, it appears that the 3rd party is attempting to sue me for a debt that was $2800, but now has been increased to $3100+350 attorney fees. The summons is requiring me to either file a written appearance, or file an answer to the complaint. I seem to be following directions fairly well, yet I'm not sure what I'm supposed to write as my answer. I'm planning on filing Ch. 7, but am I not supposed to mention this to the court or to the 3rd party? I was going to say that I'm currently unemployed without means of personal transportation, and need to request more time to consider my options. Would this be an acceptable answer? Is wage garnishment a possible threat, and if they know I'm a poor college student, will they still try to pursue judgment?

Answer: Hi there. Here's some advice. 1) Call the clerk of the court where the summons originated. On your summons there should be a file number. It should be quite evident what it is. Ask the clerk if this file number is accurate and if it is indeed a true and proper summons that you have received. Generally, summons are served by the sheriff or a process server. Summons sent by certified mail/returned receipt are also acceptable, but not as reliable. If you received in the regular mail and did not have to sign for it, then you were improperly served. It might be best to go down to the court house in person, show them the documents to see if they are valid. Another person who answered this question said it's probably nothing but don't take that chance. 2) If the Clerk of the Court tells you it is a valid summons, then you have to file an answer within the time allotted. If you need more time, ask the Clerk if you can file a motion for an extension to plead (or answer). Typically, you're allowed to do this. In my state, you get 30 days to answer and another 30 days extension if you request it. In NC, you have to file a motion to do this, but it is generally considered an uncontested motion. The court will accept it and will assume that the person suing you has no objections. The court will probably fry any lawyer who objects to your extension request. 3) TAKE NOTE: When you file any motion with the clerk of the court, you must send a copy of this motion to the person suing you along with a certificate of service. A certificate of service is just a simple phrase that says "I have served my motion on the opposing side by first class mail" You then sign and date it and include it with your motion to the court and the copy you send to the plaintiff. 4) Telling the court you're poor is not a defense and is not an acceptable answer. Your answer must affirm, deny or deny because of no information (this is a gradual denial - it's basically like an I'm not sure) each statement made in the complaint attached to the summons. You must also then cite affirmative defenses that might apply to your case. Some defenses might be: lack of debtor/credit relationship, failure to state a claim, laches, statute of limitations, etc. You can read more about affirmative defenses on Wikipedia or in a good law book. 5) If you can file for Chapter 7 and can do so before the answer is due to the court, then this will create an automatic stay. An automatic stay stops all proceedings in court against you while the bankruptcy court considers your petition. The person suing you can then ask for your case to be exempted from the stay, but this is rare and almost never granted unless the person suing you can prove fraud or something substantial. Once your petition is accepted and bankruptcy entered, the debt goes away and so does the lawsuit. 6) Wage garnishment is valid in almost every state except PA, TX and NC that I know of. If you live in any of those states, they can't take your wages. 7) Most debt collectors use lawsuits as a way of scaring you into paying. If you can play their game and go along for the legal ride they are taking you on, they might just give up. A good book to read is this one: Represent Yourself In Court: How to Prepare & Try a Winning Case And also: Solve Your Money Troubles: Get Debt Collectors Off Your Back & Regain Financial Freedom Both are published by NOLO and are probably available from a local library or your college library. The second book has sample answers and how to respond. Good luck!

Question: divorce question...does my soon to be ex have to appear in court? i filed in illinois and served papers by hand. He filed an appearance but says he will not go to court. Will I still get the divorce?

Answer: Because your husband has been properly notified, the judge will continue to hear your case and render judgment accordingly.

Question: appearance in court for decree of divorce? I am in the process of taking divorce from my husband through mutual consent. We have filed the second petition, but he did not appear in the court on the date given which was february 2009. now the court has given a date in the end of march 2009. i want to ask, what are the options available to me if he do not appear in the court even for the second time? Secondly, I have to transfer some property to him, he is saying that i should do that before the appearance in court as gift deed will not be possible after divorce. and if registry is done for the same property then he'll have to show that amount which he does not have. but i have a fear that if the property is transferred to him in advance then it is definite that he will not appear in the court. can you suggest me some solution by which he appears in the court and the property gets transferred to him after appearance in court. i do not have knowledge of the legalities involved, as a layman i think that gift deed can be done after appearance in the court, provided both the tasks are performed on the same day as the relation basically gets dissolved only after court gives final verdict or order on paper, which generally takes a little time. is this a viable solution??..i mean first appearing in the court for decree of divorce and then transferring the gift deed on the same day.. i need some legal advice on this issue as i am stuck up here. only way to be free from him is to transfer him the property, i am ready to do that but not before the divorce. kindly help me out I am based in India

Answer: Wait to transfer the real estate. You need his appearance at the hearing. A favor for a favor.

Question: Do I need to appear in court for my misdemeanor speeding violation? My lawyer said he filed a written "entry of appearance". Does this mean I won't have to be in court on the date listed on the ticket? I was cited in Piatt county, IL. Unfortuantely the court date is set for today at 9am (1230am now). I left a message on his voicemail yesterday, but he hasn't called back. Can anyone help?

Answer: Usually if you get a lawyer you don't have to appear. Even if you were suppose to appear, and you didn't there's a grace period usually 10 days depending on work load in the court before warrant is issued. To make sure call your lawyer again, if you cannot contact him, call the court house. They will help you out. Good Luck.

Question: Is there any way to make my Word Document Icons appear in the preview form? Well i wrote these two documents on my Mac. I saved the documents next to all of my other word files. When i moved to my PC i copied them all to the Desktop. The two documents i wrote on the Mac have a preview-like appearance to their icon. I can see the lines and everything. The ones from my PC have the icon with the big W on the top left and that is all. Is there any way to change the PC documents and make them look like the Mac ones?

Answer: Not that I know of, sorry :[

Question: Do you think it's possible to change an employer's perception of you? I have been employed by "Company X" on and off for the last 10 yrs. There was a break in employment of about 4 yrs. when I left to pursue a different line of work after being laid off. I basically do the same job that I was hired for the first time around. My duties have changed slightly over the years, but I have never been given much more in the way of extra duties or responsiblity. It is apparent that the management likes me, but I always get the feeling that I am not taken very seriously or respected. My ideas are not taken into account. I have been trying to make subtle changes to my appearance in order to appear more professional, but I work in a very casual environment where everyone, including the company president, wears jeans, so dressing to impress is out of the question. What can I do to be noticed as someone who wishes to take on extra responsiblity? It seems like I am always given the "girl jobs" around the office, like filing, creating a mailing list, etc. I appreciate the meeting idea. Everyone always seems too busy to talk. I was promised more responsibility when I took the job and frankly, I'm a bit irked about that. For years, the "side" of the office I work on (there are two, retail/general office and outside sales) has been kept out of the sales meetings on Monday mornings, even though my official title is "Inside Sales". I have been toning down my appearance since I think it's one reason I've been denied responsiblity. As I stated, I work in a very casual office in a creative field and I took liberty with that and allowed myself to express my punk side at work, wearing stretch jeans, studded belts and coloring my hair wild colors. No one takes me seriously and I'm beginning to think I'm going to have to move on before they do.

Answer: Have a discussion with your manager and request more responsibility, rather than try to entice it through nonverbal ways. Be direct...and come with suggestions and ideas to this meeting to show you have changed/grown.

Question: Is this just a hang-up? My husband was served divorce papers November 6. As of yet, he has not filed an appearance or response. Now, it appears he has an attorney. I have been pushing my attorney to go for a default judgment, but then he gets a call from my husband's attorney. She faxes my attorney a copy of an unfiled appearance, which isn't even signed by my husband!! My attorney says to trust that it will get filed as promised, yet I'm skeptical. He feels going for a default would be pointless, as it could be vacated. His attorney has written a letter which outlines a settlement, which is not signed by my husband. I guess I'm just feeling a bit funny about all of this. Would it be pointless to go for a default?

Answer: First and foremost..... You have to stress to your Attorney that you expect full communication between you and him.... That is a must. Remember you hired him.... Secondly, don't sign ANYTHING you are unsure with... You are signing LEGALLY BINDING papers. It's a pretty penny to take that back. Go with your gut.....

Question: How to make Matlab graphs appear in C#? My groupmates and I have this bunch of .fis (fuzzy logic figures/graphs) files from Matlab and we need to display the graph (let's say the surface graph) in a C# windows application. How can we make the connection and the appearance?

Answer: I suspect C sharp is similiar to C++ and the following will be relevant. You can could always compile the application in matlab and trigger the result from C++. I have a feeling i have done this with activex before but it was pretty complicated. http://www.soe.ucsc.edu/classes/cmps060m… References https://mywebspace.wisc.edu/pwang6/perso…

Question: Travelling with a 'Failure to appear' Warrant? My brother got a DUI in California a few years ago. He paid all the fines and went to the classes but didn't go to his final court appearance due to a family emergency. He's been living on the east coast since and wonders if he can ever fly into CA again or if they will pull his file at the airport and arrest him there. Anyone have and information for me to tell him?

Answer: The FTA could possibly affect his driving privileges where he maintains his current drivers license. Your brothers BEST bet is to telephone the Clerk of the Courts office where the FTA is held to determine what can be done to clear the issue up! Although I can understand the issue with the family emergency....your brother SHOULD have requested a continuance citing the family issue as the reason for needing a new court date. All 50 states share what is known as "reciprocity" where one state honors the suspensions and revocations of another state license. Your brother could feasibly get stopped and find out he's driving suspended or revoked. Make the call and clear up the issue! Best wishes.

Question: I kind of figured that I would have to file bankruptcy.? I was trying to stay away from that. I was hoping that this was all a hoax. But I guess it isn't. But what i don't understand is that I can't make the payment arrangements that I can afford. These collection agency's buy these accounts for pennies and expect to get all this money that was owed to the credit card companies. Then if they can't get any money they resell the account to another collection agency. And it keeps going and going. until someone files in the courts. I never had to appear in court, but to submit a written appearance. I don't understand why they didn't have me in court? Then another thing they don't do is take into consideration how long Ive had the account, how many times it was paid off And I was never late always paid more than the min due each month, That sucks, Just till you get back on your feet.

Answer: Ease your mind. File bankruptcy, cut your credit cards, change your phone number, use cash only. Live a happy and stress free life. Your credit score will go back up and the bankruptcy will fall off in 7 years or maybe a little bit longer.