Sunday, February 17, 2008

Can a lawyer amend time for hearing and mislead your absent in court so that you are unfairly judged? -

It is confirmed that the claimant s lawyer had change the date and time of hearing for summon for bankruptcy but had intentionally left the time of hearing unchanged; 2 portions in my copy of summon had the dates amended but not the time. However, both the court copy and claimant copies were amended accordingly. As such, I was absent for hearing and the registrar passed the order for the reason. The Lawyer is fully aware that I am raising a very strong objection to the claim with evidences which an official objection was raised and CC to him. This is not a fair judgment as I was not given opportunity to raise my points and that he had intentionally made me absent with that quot;Trapquot; What can I do to this?

The lawyer cannot change the time of a hearing -- only the court can do that. And the opposing counsel is generally still required to notify you of any quot;ex partequot; hearing -- one called on short notice, without the normal formalities. If you had an adverse ruling, and were not represented at the hearing (or even if you were) you can file a Motion for Reconsideration with the court, asking them to revisit the issue. Note that it usually needs to be filed very quickly after the hearing. As for what the other lawyer did, if you can show they violated the rules of the court in failing to give proper notice, you can also ask for sanctions (fines) against them on those grounds.

Don t and shouldn t file for bankrupcy. . Would not have to be in court.... The lawyer saved your bacon--Don t be absent next time

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