Skip to main content
Tracey M. Martin-Henry

Tracey Martin-Henry’s Answers

193 total


  • My lawyer signed a final judgment for civil case on my behalf, and then came off the case and other party did show cause hearing

    My lawyer signed a final judgment on my behalf. My wording for the civil case was that, if it clears me for good and it is over with you have my permission to sign it on my behalf. He signed it, and the other party went for a show cause hearing sa...

    Tracey’s Answer

    You need to contact legal aid ASAP if you cannot afford a private attorney. The facts as you described are rather convoluted. But, one thing is for sure, you need to resolve the bench warrant ASAP by contacting the court ahead of time (before you appear) or it will only get worse. Good Luck.

    See question 
  • How is a complaint amended?

    This will be the first time that I amend my original complaint and I'm not sure what is the best way to do so.

    Tracey’s Answer

    Gneerally, you have the right to amend the complaint. But, you will need permission from the court. Better yet, hire a lawyer to assist you because the court does not give legal advice. Good Luck.

    See question 
  • I had a show cause hearing after final judgment for civil contempt, I missed the hearing what do I do?

    It's been about 10 months now, and I missed the show cause hearing because I had an attorney up until 3 days prior to the show cause that came off the case without contacting me and ignoring me for about a month. He signed the final judgment on my...

    Tracey’s Answer

    You need to resolve the bench warrant ASAP by calling the court clerk to set up a time to do a walk-in court appearance. Good luck.

    See question 
  • What happens after "A lawyer threatens to presents criminal charges in order to obtain an advantage in a Civil Matter"?

    I’m a Plaintiff in a civil matter (In Michigan) of a $300k+ lawsuit representing myself. Counsel for the Defense subpoenaed me to appear and turned the deposition into a settlement negotiation and told me that if I didn’t settle that he was going ...

    Tracey’s Answer

    You should have never signed the settlement agreement if you did not agree with it. Lawyers frequently outmatch pro se litigants by using idle threats that they typically fall for...Don't feel bad, some lawyers do, too but most seasoned lawyers don't fall for the bluster that's also known as the "okeydoke." This is a lesson learned. Hire a lawyer to represent you next time litigation happens to you and Good Luck.

    P.S.
    Unless that lawyer stuck a gun to your head (and you can prove it), your chances of winning are nil to none.

    See question 
  • What would one do for a time given to be in court, documented. When arrive they say it was earlier in morning. issued warrant.

    I've been trying to help my friend with getting his life together. I check Judici website for his court date and time. He was scheduled for 2:30 pm, and it's documented. when he gets there, they said time was 9:00 am. This made him a no show for c...

    Tracey’s Answer

    Your friend needs to call the court and find out when they take walk-in arraignments. The longer he stays out there without resolving the outstanding bench warrant the worse it will get. He can use the scheduling glitch as an explanation and if he has paperwork to support his posiiton maybe he can resolve this favorable, but he must turn himself in nonetheless to get more favorable treatment. He needs to act fast, now.

    See question 
  • I need to request records from auto insurance companies for a personal injury case in California Superior Court.

    I am representing myself, in pro per, for a civil matter connected to personal injury and have been advised to use SUBP-002, duces tecum, to request "records only". I would like all records to come directly to me, not to the court. Am I allowed t...

    Tracey’s Answer

    A subpoena duces tecum will usually get you the results you're aiming for...Hiring a lawyer is more ideal, but use subpoena power to get the documents you seek---directly. Good Luck.

    See question 
  • Lawyer disbarred as result of our litigation against him. Why must we continue litagation?

    My father's divorce lawyer and father's caregiver/girlfriend schemed to take possession of 2 real estate properties that my father's lawyer was to file as "irrevokable" a will as was a term of his divorce from my mother. Instead the lawyer filed ...

    Tracey’s Answer

    Even though the lawyer was apparently disbarred no doubt due to self-dealing, you need to proceed till the end of litigation or file a dispositve motion in light of the recent facts to hopefully close the case out with a judgment in your favor. You need to have a competent (and ethical) lawyer connect the dots in a courtroom for you.

    If you don't trust your current attorney, perhaps you need a lawyer change, but why start from square one if you have a lawyer that is already familiar with the facts. And, who will no doubt, place a lien on the file meaning he's going to get paid one way or another for work already performed. Try to work it out and if the attorney-client relationship has totally broken down, hire someone else but going it alone as a pro se litgant is not a good move. Good Luck.

    See question 
  • Is is legal for a lawyer to use the Subpoena Power to force settlement negotiations?

    At first my Subpoena was ordered by Defense Counsel because he thought I was living out of state and wanted to have my case thrown out. Then, after confirming that I would be there as requested the Depositions were canceled without notice to me. I...

    Tracey’s Answer

    In litigation, the tactics can be phenomenal--especially when high stakes are involved. You need to hire a lawyer to advise you and run interference when necessary. It sounds as if you are trying to go this alone and the results are very unfavorable. Good Luck.

    See question 
  • What's my lawyer up to?

    my misdemeanor case was set July 22nd in Valencia CA. I found a lawyer to defend me and paid him. He reset my trial date to late September, then in September he told me what I owed, which was a small fine. I called the courthouse to pay the fine b...

    Tracey’s Answer

    Only your lawyer and the court can answer that question. Call your attorney and ask for an update. (Note: Re-scheduling happens all the time for various reasons and sometimes it's at the court's request.)

    You have to trust your lawyer when counsel says to appear in court or there could be issues if you don't---like a bench warrant for a no-show.

    See question 
  • CAN MY HUSBAND REQUEST REIMBURSEMENT FOR OB, PRENATAL AND DELIVERY FEES FROM CHILD NOT HIS DURING DIVORCE

    BEEN PHYSICALLY SEPARATED FROM HUSBAND FOR ONE YEAR. FILED FOR DIVORCE 4 MONTHS AGO. BECAME PREGNANT BY SOMEONE ELSE. DO NOT WANT TO USE HUSBANDS INSURANCE BUT CAN NOT CHANGE INSURANCE WITHOUT DIVORCE DECREE. IF I AM FORCED TO USE HIS INSURANCE ...

    Tracey’s Answer

    Fact pattern is reminiscent of a divorce case I handled once. The linch pin is the date of birth. If the child is born BEFORE the divorce is finalized the husband is technically on the hook because children born during the marriage are considered issue of the marrieage and although the estranged spouse may not be the biological father, the court will consider him to be the legal father and he will be on the hook for all of the expenses.

    The ball is really in your court, but caveat emptor---the court will want to know if there is a pregnancy because it will trigger child support issues.

    If you make admissions in court that the child is not his BEFORE the child is born and he admits that he did not father the child BEFORE the child is born, he will be off the hook---generally. If not, basically he's stuck footing the bill.

    Consult with your divorce lawyer...NOW. Good Luck!

    See question