Legal Question in Family Law in Florida
My exhusband filled for a huge child support modification. I received a summons on 2-11-12 with 20 calendar days to respond. I hired an attorney on 2-23-12 and my $2000 retainer check was cashed on 2-24-12. My attorney lost me in the shuffle and I just found out from his office that the summons was not responded too. Can this be fixed? What do I do now? I am desperate for an answer. Thank you!
2 Answers from Attorneys
Your attorney can ask for an extension to reply. If he doesn't find another attorney ASAP and report this dude to the Florida Bar and get your money bank.
As long as the other side hasn't defaulted you, there should be no problem. Even if you were defaulted, assuming your ex's lawyer did not just graduate from law school yesterday, he will likely agree to vacate the default. If your ex has defaulted you, and if he refuses to stipulate to vacating same, then your attorney should file a Motion To Set-A-Side Default. This is a no-brainer. As long as it is promptly pursued, it is highly likely the judge would grant the Motion.
Make sure your attorney doesn't charge you for his screw-up.
If you are not satisfied with your representation, do not hesitate to contact me.
The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.
An internet inquiry is no substitution for an in-office consultation with an attorney.
Contact me to schedule a no obligation office consultation. Sincerely, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
550 N. Reo St. Ste. 300
Tampa, FL 33609
Tele. No.: 813/810-1500
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