Lawyer "forgets" to file case
Golden (CO).
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Posted 5 months ago in Lawsuits / Disputes.
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I can't believe what just happened. The Defendants in a civil case (relatives of mine) and I showed up at the appointed time and place this morning in County Court in Jefferson County, Colorado, per summons by an attorney, to answer a summons and complaint. The Plaintiff's lawyer was there, but had not filed the case. There was no case # on any of the paperwork. We had an answer prepared, but he sent us packing, telling us he would "work something out."
What recourse do we have here? We did our part, and the Defendants in this case are anxious to move out of state for a job opportunity. Please help. - Is this your question? Add additional information Answers (2)
Benjamin Kirke Sanchez
Posted 4 months ago.
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Not sure how one could have a summons to answer a complaint and not have a case filed. Are you sure that the attorney just wasn't ready to go to trial? Your relatives should call the court and give the names of all the parties to find out if a case exists. Also, your relatives can move. The Plaintiff's attorney would simply have to find them and serve them there, or possibly even have to file the lawsuit where the relatives live in their new state. They shouldn't let the suit stop them from moving.
Michael Andrew Zywicki
7 of 7 users found this helpful.
Posted 4 months ago.
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You could contact attorney regulation to see if you can file a complaint. Your relatives could still move out of state. The issue you may run into is if the attorney says he/she cannot locate your relatives, the Court can allow for service by publication. If this happens, the attorney only needs to post the details of the case in a nationally circulated newspaper in the legal section that no one reads. If they are truly interested in resolving the issue, make sure the Plaintiff's attorney has your relatives new address. And make sure you send it in a letter to prove the attorney had the information if he/she attempts to argue they did not know your forwarding address.
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