Stay Stay Of Proceedings

Question: What does it means to file a joint motion to stay proceedings pending the outcome of arbitration? Thanks for your quick responses and for wishing me luck!

Answer: It means that both parties in litigation have asked the court to hold off on making a decision until an agreement has been made by both parties by means of an arbitration. An arbitration is where both parties sit down with a third and unbiased party and sort out the issues and agree on a settlement. Best of luck to you. Hope that helps you out.

Question: How will a stay of proceedings appear on a background check? I was charged with criminal trespass in the second degree. I agreed to a stay of proceedings on the charge with conditional probation for 6 months. After the 6 months the court agrees to drop the charge. How much will this hurt me in getting a job within the 6 months as well as after?

Answer: Technically it's not a conviction, as long as you aren't charged with anything else within the 6 months.

Question: Does filing of an writ petition automatically stay proceedings in the lower court? I am the plaintiff in a partition suit. Preliminary decree was passed in my favour. Defendant's appeal was dismissed for default in high court. Final decree proceedings are currently going on. The honourable judge passed an order rejecting all pending application of the defendants which included inclusion of other immovable properties(because these issues were discussed during preliminary decree hearing), cancellation of appointment of court commissioner(commissioner was appointed in 1999 and report was submitted in 2001. This was with regards to division of immovable property and to take accounts of shares and dividends). The honourable judge has now placed the matter for final argument and passing order. The defendants have now filed a writ petition against the above order.

Answer: There is nothing automatic in any court proceeding in any court of any level and specially when the matter is filled in State High Court or the Supreme Court of India, an interim application is filled along with the main petition for granting stay in the case proceedings in the subordinate court by the High Court or as the case may be. The High Court or the Supreme Court judges usually allow the interim application as there should not be unnecessary confusion for the parties and the judicial officers of the subordinate court while proceeding further in the matter where an appeal or revision or as in this case civil writ has been filled and being heard against any order passed by such subordinate judicial officer. Even for the convenience of fair trail the matter being heard by a higher court has to be given due respect and keeping in mind even the subordinate court distance itself for proceeding further in the matter before it, even if in your case the other party has not sought formal stay from the High Court,the information with regard to their moving the High Court against the order of the said subordinate court is sufficient for the judicial officer of the subordinate court to suspend further proceedings in the matter. This the usual procedure/practise being followed by the civil courts in India.

Question: Attorney Question: Lifting a Stay of Proceedings in a Divorce? MD? How do I Lift a stay of proceedings in a divorce petition? I filed for divorce in January 2008 and my husband's attorney keeps filing for stay of proceedings for 90 and 120 days. I just want to get divorced. What do I need to do? Trying to avoid an attorney if necessary also. Husband citing that he is out of the country which may or may not be true. Definition: A stay of proceedings is a ruling by the court in civil and criminal procedure, halting further legal process in a trial. The court can subsequently lift the stay and resume proceedings. However, a stay is sometimes used as a device to postpone proceedings indefinitely. Additional details: He is military & was served LAST YEAR. This is his 3 stay granted and he keeps extending the time 90 now 120 days..Aghggh. Because he is military I believe he does not want to lose the additional money he gets for a wife & child that he has not had to care for the last 4 years. But enough is enough already. Deserve my life back. He has an attorney. The attorney is filing the motions of stay for him. So how do I get the ball moving?

Answer: Its called the Soldiers and Sailors' Relief Act that causes the stay in proceedings. Somehow, someone contacted the court because he was out of the country, active duty, or whatever, in California, we can get around that by having an attorney appointed for him (the court pays for it), to allow the court to proceed. The easiest way is to contact the military branch, JAG office, etc, to find out if the atty is telling the truth. It a motion to lift stay due to Soldier's Sailors Relief Act, and you have to specifically spell out when he can be able to participate. His attorney should be able to represent him, WITHOUT him being present, because he is represented by counsel, who can communicate with him. He can also participate by telephone in most instances.

Question: Where do I file a motion for a stay of court proceedings in florida? It's about my mother's divorce proceedings. Her husband tried to divorce her quickly while she was in the hospital but she found out and demanded a court hearing because her husband took off with all her belongings and leaving her a huge debt. So, they had a mediation hearing and it was agreed betweenthem that he would pay her back in alimony. Well, when she rreceivedpapers from mediator to sign it stated that she was the one who was going to pay him an alimony. Mediator said it was a mistake. However, after they fixed an error husband refused to sign it. Well, in the meantime, my mom found out that he recently got married with another woman so it explained why did he wanted to get divorce with my mom so urgently. Mom just filed a motion for a stay on court proceedings based on her discovery of him being a bigamist. The Judicial Assistant returned her motion stating that she filed it wrong. Mom doesn't have an attorney neither does her husband. She needs help. Any suggestions what to do? Husband filed in Florida but we are in PA. Thanks.

Answer: Husband filed in Florida and that is the court handling the mediation procedures? If so, your mother has apparently consented to jurisdiction in Florida by participating so far. Any further action on the case happens there. But why does she want a motion for a stay of proceedings? To file for a stay, she has to have a good reason. Finding out that he is a bigamist is good evidence to get divorced, not to stop it. Seems to me she would want to resolve this and be divorced from this jerk. In my opinion, she figure out exactly what she wants from him (property, alimony, etc.) and file the paperwork in Florida to get a hearing to decide that.

Question: IS THERE ANYONE WHO EVER MADE IT THROUGH REMOVAL PROCEEDINGS AND GOT TO STAY? Only answer if you KNOW ANYTHING ABOUT THE MATTER!!! im citizen of SWE, greencard holder and was outside of states for 5yrs. i was only 15 when i left and did NOT have a choice to stay by my self, now when im 20 and could get the money to get back i came. now im here and in removal proceedings obviously because of me staying outside the U.S for 5yrs. I JUST WANT TO KNOW, if anyone who has been in removal proceedings with similar problems AND HAS MADE IT ... and got acquitted from removal.. I.O

Answer: Nobody that I have ever heard of. But good luck with your case!

Question: What should happen when a wife gives up her career to be a stay at home mom and then the husband cheats? Has this happen to you or do you know someone this has happened to? What ended up happening then with the divorce proceedings? Was the stay at home mom that ends up becoming a single mom go back to work right away and/ or does the husband pay big bucks for his crime of cheating and betraying the family?

Answer: Every situation is different. I stopped working to be a stay at home mom and housewife and am now going through a divorce. I live in a no fault state, so the reason for divorce doesn't matter. The amount of alimony and child support is calculated based upon both of your incomes. If your income is zilch, then he will of course pay more. He is also responsible for your legal fees if you are still unemployed. Eventually you will have to return to work, which is difficult because no one wants to hire a woman who has been out of the work force for a while (believe me, I know). In my state there isn't a premium because of infidelity, and, while you must be angry, remember that he is still the father of your kids and you will have to see him for a good many years to come. Try to split the marriage on the best terms you can for the children's sake. You can always talk about what a slime ball he is over coffee with friends.

Question: Stay at home mom needs legal advice on divorce proceedings: Where do I begin? I am a stay at home mom who has not worked outside the home since our three children were born. My marriage is on the rocks and my husband has become increasingly verbally abusive and is threatening me w/ finances as a way to control me. I feel divorce at this time is my only option. We are currently seperated and have sought no legal counsel up to this point. However, with everyday that goes by he is more controlling over finances and I don't feel safe in the house we own together. He acts like he can barge in at any given time noon or night as he sees fit raising all kinds of hell! How do I go about moving my children and myself out of the house and to a place I could afford after the divorce since I have no means of income not controlled by him? He has a very sucesssful company but I am not involved with it in the least.

Answer: There are steps that are needed: 1. Make up your mind you are done with him. 2. Buy some type records an place them through out the house. The tapes will speak for themselves in court. 3. Get a safety deposit box at a local bank. 4. Photocopy ALL bank statements, ALL important letters, ALL important document, record ALL calls. Keep a daily journal. 5. Please all information in YOUR safety deposit box which is at the local bank. 6. Get a POST Office box. 7. After have a few recording, with ALL the abuse. 8. Get as much money as possible the bank account- and keep a log of how it was spent. 9. Get an "Emergency restraining order" 10. Go file child support in first day---call your county-No lawyer is needed--------the county is there for Children 11. Change the locks on the door, and change the Alarm code 12. Call a family member or a friend to come stay with you for a week of so. If not go stay with family for a week or so. 13. Get a "FEMALE attorney. 14. You DO NOT have the right to give your husband YOUR children home. The house is for the children. So selling the home is NOT possible. Tell, your attoney: You want him to pay for the chidren education-college for them, he needs to finish pay for the house, cars, and pay for you to go to college. You need to know go back to school to get ready to get into the work force to support your children

Question: Does the automatic stay in Chap. 7 and 13 bankruptcies apply to repo's of collateral on secured loans? I understand the secured creditor usually maintains their right to reposess collateral even if the debt is discharged. I'm wondering if the stay will help a debtor hold onto collateral during the proceedings...For example, a car they may need to get to work but that is in jeopardy of reposession.

Answer: Yes , the automatic stay applies to everything, however, it is no major ordeal for a creditor to move the court to lift the stay concerning specific security, and such motions are typically granted. With respect to the car question, typically a debtor would not attempt to discharge the note on the car, or would ratify the debt to prevent the repossession.

Question: How long can a british citizen stay in the USA - divorce question? The guy's here for divorce proceedings (married a US citizen while she was in England in the US Army). Is he a citizen of US by marriage or does he have to go back to England once they are divorced?

Answer: The answer is that no one knows.It completely depends on the British citizen's status in the US.British Citizenship confers nothing in the US other than the ability to visit the US visa free for 90 days if the person in question can showcase to the point of entry that they will solidly return to their country in less than the required 90 day visit period.Your question opens so many problems and issues concerning international travel that it would be too difficult to guess anything.All I can say for sure is the following. 1.One must prove one does NOT have what is called "immigrant intent" under US law when visiting.The issue here is that the Husband in question has a US citizen wife which clearly showcases the strongest "immigration intent" and would be more than enough reason to deny him entry should he show up at any Point of entry into the US. 2.If he is a Permanent resident[10 year green card] but has been in the UK for sometime his status could be considered abandoned if married,wife applied for permanent residency and he went to and subsequently approved at the adjustment interview. 3.If he is a Conditional resident[2 year green card] same rules apply as above. At this point he should check out his options at the US embassy first before traveling or he could have many travel issues in the future traveling here as there are too many technical faults that could end his travel plans in subsequent removal and ultimately being removed from the VWP program for life.

Question: Will a Conditional Discharge appear on a Criminal Record Search? I was recently convicted of a crime, I received a Conditional Discharge, with 6 months probation. I have already completed the terms of the probation order, but I still have almost 5 months to go for the probation order to expire. I have no other convictions, I do have a stay of proceedings though. I am looking to return to work, and I am wondering if I apply for a job that requires a Criminal Record Check, what will show up. Thanks.

Answer: Yes. It will show up unless it is completely espunged.

Question: My son is in prison for conspiracy to commit armed robbery. Is there any careers he can do with a record? My son was forced to participate in this crime by an entrapper,and may get a permanent stay of proceedings. But if he does not get this he will have a serious criminal record. He wants to be a school teacher. Is this possible?

Answer: yes there is plenty he can do... do not worry if he gets out turns his life around he will suceed at finding a career.... believe me I know

Question: In an eviction proceeding, what can you do to prolong your stay, if you have already been to court once? In NY I have already been to court for an eviction proceeding for non-payment. I said that i needed time to find an attorney. I was unable to afford one, what can I do to prolong the proceedings to enable me time to find an apartment for me and my three children. The lawyer on the other side used to be my employer, would that be considered a conflict of interest?

Answer: The previous posters were completely correct. The only way to prolong your stay is to pay your rent. And you really need to understand that, with an eviction on your record, you'll have a hard time ever renting another place. You've shown that you have a history of not paying your landlord, and future landlords will consider you to be high risk. If you were never in a client/attorney relationship with the lawyer for the other side, then there is no conflict of interest. Could you give up custody of the children to the other parent?

Question: Stay at home mom of 4 who went back to school last Sept. Have begun divorce proceedings.? Weeks away from having him served. Using a mediator as I have no income and cannot afford a lawyer. Have been accumulating advice online as well as from friends and find myself extremely terrified as to what he might be able to do to myself and the children financially. I have asked for reasonable child support as well as the right to remain in house w bills paid and tuition covered until I graduate in 1 yr and we sell house. Is any of this possible or is it as I have been told that I will be forced to get a job which will barely cover child care expenses as well as be responsible for half housing costs which is impossible as I have no income... Please advise!!!

Answer: You are going to have to get a job. And no, you can't live in the house while he pays child support, all the bills, and your tuition. One of two things will happen- you will get residential custody and a child support check, or you will get shared parenting and both of you will have kids 50/50, meaning not alot of child support for you. Plus, when they calculate child support, they will calculate you an income of working full time of at least minimum wage because you COULD work full time if you wanted to, but you are CHOOSING to go to college. They don't care that you have classes. All they know is, that you could have a job but don't, therefore they will impute you an income. Personally, it sounds like you want someone to pay your way. I have to work and pay bills and I don't have a college degree, but I'm not out to find someone to pay my way for me... REALITY CHECK- He is not your personal money maker. He's going to have his own life, his OWN BILLS, and maybe a new wife. You can't have all the benefits of a stay at home mom without a husband. So I suggest you either hold off on that divorce, or find some other hard working man to marry so that you can make sure you never have to work. I personally think it would be nice if he got the kids and YOU had to pay child support, and pay his bills and his school... What's that? You don't like that? Why would you ask him to do it for you, if you wouldn't want to do it for him? Get a job. Pay bills. Ever heard of it? It's called LIFE!

Question: Request for Default Divorce Entered Failure to Answer Motion? I entered a request of Default Divorce on 1/2008, well over a year ago in MD the defendant failed to file an answer to the petition for divorce except for an entry of appearance by an attorney & repeated motions to stay proceedings. In the interim a child support order was just granted in his claimed state of residence where he has resided since 2007. Immediately after the child support order was granted his attorney filed an answer to my request for default divorce stating the following 1) with respect to physical custody but denies allegations to legal custody & 2) requested joint legal custody of our child & that an absolute divorce be granted & 3) any other such relief as the nature of this may require. My STBX was found guilty regarding two separate court cases both military & civilian to be the perpetrator of domestic violence. He has resided more than 500 miles away from MD for the last 4 years & just returned from overseas as he is military. MD statues Md Code Ann. Fam Law 9 101.1 - says they shall consider evidence of domestic violence in the court case. How is he able to request joint custody? How do I file a response to his answer of default? Really I don't see it what is the likelihood of him getting any joint custody? Where are the foreseeable loopholes? Thanks in advance. If the scope of your answer to tell me to get an attorney save yourself the trouble of typing. If you are able to answer the question, please do so-thanks.

Answer: Once he started contesting the proceedings and requesting joint custody, you should have gotten an attorney. If you cannot afford one contact Legal Aid immediately.

Question: How do you annoy someone enough to Divorce you? Ok, I filed for divorce in January but for whatever reason my ex hired an attorney he will not just sign the divorce papers. He filed a motion to stay proceedings & keeps renewing citing he is out of the country he is military-Marine -whatever Maybe still bitter, who knows. Before he left my area he used to be a recruiter so he lived in the area that I presently live in. His family was in government and they lived here for years also. They have attempted to do EVERYTHING, and I mean EVERYTHING to ruin my dating reputation. In addition, can someone give me some insight on why he keeps hanging on (won't sign) for the love of GOD! Just sign the d@m papers & be gone. It has been years!! I'm over it but need some insight why he won't sign & how to irritate him enough to do just that! Or what I can do IWant my name back. He is in Japan-LOL so make it revelent.

Answer: there reason may be is that he does not want to divorce you, that is why the hold up with signing the papers....spreading rumors that you are no good keeps anyone from dating you so that he can assure that you are alone when this is all over or there could be other reasons...i dont know i'm just throwing stuff out here for consideration...good luck!

Question: How should I go about this Claim? I need to make a defamation claim (libellous(UK)) and the 1 year limit is almost up. Should I issue the claim in the High Court and at the same time make an application to stay proceedings so that I can carry out the pre-action protocols? Or should I not issue the claim and instead make an application to the court to exclude the time limit under its powers set out in s.32A of the Defamation Act 1996 (Discretionary exclusion of time limit for actions for defamation or malicious falsehood.) I WAS ABROAD AND HAD NO KNOWLEDGE OF THE STATEMENTS The issue is not winning the claim. This is a practice scenario for college, but thanks for your concern.

Answer: You need legal consultation to do it properly. The issue isn't filing. The issue is winning the claim and a lawyer can do more for you than you could do for yourself. Many of them work on a contingency in this kind of case so that when you get paid for the damages done you, they get paid their fees.

Question: should someone stay mad at a good friend if the friend starts dating their soon to be exhusband? The "friend" and I were friends for 18 years. When my husband and I split up, she hung out with me all the time and told me to stay with him for the sake of our kids. Then as soon as she starts divorce proceedings with her husband she starts having sex with mine!

Answer: no

Question: i allowed my exgirlfriend to come and stay at my house to recover from surgery shes been here about 6 weeks? she was able to establish residencey and refuses to leave , but did sign a notice that i was going to start eviction proceedings in 10 days from the date of the notice for disorderly conduct and agreed to move out in 10 days can i have the police make her leave at the end of the 10 days

Answer: It was a legal document, so I don't see why not. You should find a friend or family member who knows more about legal stuff and ask them.

Question: How should I answer this employment application question? An employment application asks the following questions: Have you accepted a disposition of adjudication withheld on any criminal charge? Have you ever been convicted of a criminal offense, pleaded no contest to charges or agreed to enter in a pre-trial diversion or similar program in lieu of a criminal prosecution for any crime other than a minor traffic violation? Some time ago I got in a bit of trouble. I was charged with a couple of misdemeanors, hired a lawyer and plead not guilty. My lawyer worked with the prosecutor, and I signed an agreement with a prosecutor for a stay of proceedings. The proceedings were stayed for one year, I was required to exhibit lawful behavior and complete 40 hours of community service. After the year was up, the charges against me were dismissed with prejudice. Do I need to answer yes or no for these questions? I don't want answer yes because I plead not guilty and the charges were eventually dismissed. However, I want to be honest, and I don't really understand the questions well enough in relation to the circumstances of my case to know how I should answer the questions. Any help is greatly appreciated.

Answer: You answer yes and tell them what happened.