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katelyn0104 · Nov 24, 2010, 08:51 AM

I communicated in a letter to the attorney that I was having financial hardships and personal hardships(divorce in process) prior to him filing small claims against me. My letter stated I would contact him as soon as the divorce was final so we could try to work out some settlement. He never replied to my letter. Can I write a written objection? If so what do I write?

smoothy · Nov 24, 2010, 09:01 AM

You are pretty much at the mercy of the other parties schedule.

Plus who would you write to, at which court and in reference to what docket until its been filed and scheduled.

CinnamonBrownie · Nov 27, 2010, 03:08 AM

I'm not a lawyer, but my understanding is the principle at work here is the fact that you were admittedly considerate enough to contact the attorney I think you're saying you owe money to, won't help the judge determine what the case is about -- which apparently is whether you owe your attorney money.

If it makes you feel better, that's all the judge/jurist is going to decide, is whether you owe the attorney money and how much. If the attorney wins then he'll have a piece of paper (the judgment) to use to at least try to get his money back by instructing the court to go after your non-exempt assets until the judgment is satisfied.

I know it's not much, but I sure hope it helps a little.

ScottGem · Nov 27, 2010, 07:27 AM

Written objection to what? You really need to give more info so we can help. Also ANY question on law needs to include your general locale as laws vary by area.

If you have been sued for fees owed then the only thing the court takes into account in handing down a judgment is whether you do, in fact, owe the money. Poverty is not a defense.