In the Queue with “Q”
Q’s Quick Tips to help you navigate your case
If you have a child custody and visitation mediation DO not make mediation about you or the other party. Do not waste time talking about your relationship with the other party. The mediator understands you do two do not get along. That is why you are in mediation and filed a court case to begin with. Keep all mediation discussions centered around what is best for your child(ren) NOT what is best for you. DON’T DO IT and cut the other parent off while they are talking even if they are being less than truthful. What you DON’T say and how you are acting, speaks louder sometimes to the mediator than what you are saying. Remember, the mediator will make recommendations based upon things you said and did during mediation.
Income and Expense Declarations
DON’T DO IT and overstate your expenses on the Income and Expense Declaration just to appear to the court that you have a need. You appear dishonest to the court. A true need for financial support does NOT need to be exaggerated. DO check the box for either estimated expenses or proposed needs if you believe your needs will exceed your current expenses and income.
Deadlines and Defaults
DON’T DO IT and wait until the last possible moment to file a response to what you have been served with. You run the risk of defaulting which means your right to respond has just been taken from you. DO let the court hear your voice by way of your response to the matter at hand. Think of it in terms of only hearing one side of the story. You may automatically assume the story is true because you have nothing to tell you different. DON’T DO IT and be an ostrich with its head in the sand. Orders will be made without both you and or your input should you fail to respond.
Follow ALL Court Orders
When the court makes orders in your case, they are not optional, they are mandatory. DON’T DO IT and ignore any of the court’s orders, even the ones you disagree with or think should be changed. If you want to make changes to orders, DO file the required documents to request modification of your orders. DON’T DO IT and be on the receiving end of a motion for contempt.
Restraining Orders
DO file a request for a DV restraining order when you are reasonably in fear of you and or your child(ren)’s safety. DON’T DO IT and file a TRO simply because you are mad at the other party or their new partner, or because you can.
When you are served with a Summons and Complaint which is the start of a lawsuit, DO preserve your right and get informed as to how you should respond. DON’T DO IT and file an Answer because that is the only checkbox form you see online. You may be doing yourself and your defenses in the case a disservice which later cannot be undone. DO file a response to the Complaint within 30-days of being served. Weekends DO count!
Discovery
Written discovery such as interrogatories, requests for document production and requests for admission are informal ways parties can elicit free information from the other side. DO always check the proof of service and ensure you respond within 30-days of the service of the discovery being served on you. DON’T DO IT and simply ignore discovery. You will find yourself the unfortunate subject of a motion(s) to compel responses and the other side will likely ask for sanctions. (sanctions = $) Also, DON’T DO IT and provide information which is either privileged and/or not at issue. You may open a can of worms for yourself later on at trial.
Unlawful Detainers
(Tips for Tenants and Landlords/Owners)
Tenants: DO respond if served with an Unlawful Detainer Complaint within the required time. If the Summons says calendar days that means weekends and holidays count too! Every day you remain in the property counts, meaning, you still owe the landlord rent for the time you were there. If service of the Summons and Complaint was defective this should be remedied and you DO want to seek assistance before filing your response. An Answer may not always protect you.
Landlords/Owners: DON’T DO IT and change the locks on a tenant, turn off power, water, or prevent the tenant from accessing your property in any way. DO go about eviction the legal way. DOing any of the above DON’T DO ITs will undoubtedly subject you to treble damages as those are grounds for a constructive eviction. Keeping in mind time is money, remember, the quickest way to DO something is to DO it right the first time.
Disclaimer: The materials available on this website are for informational purposes only and are not for the purpose of providing legal advice.