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I just got served today and I have a hearing in three days! What do I do?

I call this technique by attorneys u201cswiping.u201d That is not a legal definition, but it fits the bill. Although you have twenty days (or more) to file your answer to the court in Texas, the only legal requirement for a temporary orders hearing is three daysu2019 notice.

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I just got served today and I have a hearing in three days! What do I do?

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  1. I just got served today and I have a hearing in three days! What do I do?

  2. I call this technique by attorneys “swiping.” That is not a legal definition, but it fits the bill. Although you have twenty days (or more) to file your answer to the court in Texas, the only legal requirement for a temporary orders hearing is three days’ notice.

  3. Attorneys will sometimes serve you with both the original petition and a notice of a trial setting at the same time. If they serve you with these three days before the trial date, it is valid. Do I agree with this type of gamesmanship? Not typically. If there is an emergency or urgency to the case, of course, this is appropriate, but often, attorneys may try to do this to gain an advantage over you. • With only three days’ notice, it can be difficult to find an attorney for a consultation. Further, you may not have your funds together to hire an attorney.

  4. While you only had three days, the other side may have planned this for weeks or months. • To add insult to injury, sometimes the opposing attorney may call you and try to work out a deal, knowing that they just knocked you off your feet and are panicking. I never do this because I personally find it unethical. However, you could receive a call. What should you do? • Contact the Court. Let the Court know what date you were served and request more time to hire an attorney. You may need to appear at the hearing to ask for a continuance. Have clear communication with the Court and try to confirm your understanding of what to do in an e-mail with the Court.

  5. Appear in Court. Based on your conversation with the Court, or if you were unable to contact the Court, appear at the date and time of the Order Setting Hearing. Do not be late! • Announcement. At the beginning of your case, the Court will ask if the parties are ready. Many times, a pro se party (party without an attorney), will just go along with the proceeding and agree that they are ready. Do not do this! Let the Court know that you are not ready and request a continuance or more time to hire an attorney.

  6. Listen carefully to the Court’s response and make sure to write down any future court dates the court may assign. • To read our full article click here:https://walker.lawyer/i-just-got-served-today-and-i-have-a-hearing-in-three-days-what-do-i-do

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