If I attach a check to a drafted agreement (such as a settlement offer) and the verbiage of the agreement states that the endorsement line of the check constitutes a signature, with similar verbiage on the check itself, and Accord and Satisfaction is written in the memo line of the check, if the party cashes the check, is that a legally binding agreement?
No. I would not find that to be conclusive.
State of Maryland --- My ex-fiance has filed a motion through his lawyer to have custody determined and have child support modified. I am unable to pay my lawyer the 2K retainer fee, so i'm going to attempt to file all paperwork on my own. Our daughter has always been in my physical custody and I am not concerned about him "taking" her from me. I would like to persue sole physical custody, joint legal custody, and offer visitation of every other weekend fri-sun pending we meet half way to transport since he has moved an hour away. My question is - I printed out the paperwork to respond to the motion and weather I agree or disagree with all topics. From what I understand I have to submit this to the court clerk as well as send a copy to his lawyer. Is there any other paperwork I should be filling out? Thank you for your help!
Both of you will have to file financial statements with the court on the court-approved form. You ought to seek a reduced fee or possibly even a pro bono (free) lawyer if you income qualify. Contact your county bar association for a referral--you can get a very inexpensive consultation with a family attorney who can assist you.
To add to Robert's answer, there are multiple resources available to help you find a potential attorney to assist you. Your county bar association can provide you with a referal and also the names and numbers of other organizations that can possibly help. In Baltimore County they now have a Lawyer in the Lobby in addition to the ProSe office, both of whom give free advice. You would not want to operate on yourself. You would want to hire a doctor. Likewise, you do not want to go to court without a lawyer.
In an unlimted civil case, in Southern Californai, Defendant's counsel served me (by mail) with Demand For Production of Documents For Inspection and Copying.
I know I have 30 days to respond (actually 35 days, because they send their demand by mail).
Defendant's counsel wants me to personally appear at their law firm at 10:00 AM on Wednesday May 22, 2013 (which will be the 35th day, and last day for me to serve them with my response, from when I was served with their Demand by mail), and show them my documents.
Most of their demands are vague and Im unable to respond properly, because they dont specify which incident they refer to, because I alleged 10 different causes of actions with different incidents.
Do I have to personally appear at their firm with my objections (since they scheduled a time & date for me to appear at their firm for them copying & inspection), or can I just mail by objections/responses on that 35th and final day to serve my responses?
You should mail your objections on or before the 35th day and explain why you cannot respond in each of the objectionable requests. In those to which you can and do respond, you should be able to mail copies of the documents unless their originality is in question.
Technically, the answer is "yes," you have to appear with the responsive documents that you intend to produce.
Allowing production at a different time and date, or by a different method, is usually fairly easy to negotiate. Some lawyers simply pick the earliest date as a matter of routine, and don't even expect the other side to show up at the time -- others do, however. It is best to keep in contact with the other side as to the production method and timing. This is especially true in more complex cases.
I agree with Mr. Perry. Many lawyers in this state thing that the discovery device is called a demand for production of documents - meaning the party who receives one has to make copies of the documents and mail them to the law firm serving the demand. If you look at the relevant code sections, however, it's not a production of documents. It is an inspection demand.
It has two parts. First is a response, which has a tricky format under the code. Basically, the responding party has to state whether they will, or will not allow the inspection, either in whole or in part. If they will not allow the inspection, they have to state why, which can be an objection, or a statement that the item does not exist, or no longer exists.
The second part is the production. The date for production must be at least 30 days after service of the demand. Experienced attorneys do not make those the same day, because it allows time to review the responses, and determine whether to meet and confer and move to compel further response, or to withdraw a request.
I am needing to get a divorce. I got married 3/4/06, Is it at all possible to still request a Dissolution of Marriage? We don't have any property to worry about, and all our debts are separate... We just need the simplest divorce possible, thanks!
You can proceed with a marital dissolution. I think your question is asking about a summary dissolution. Sorry, you can only be married less than 5 years for that. It's OK because, if you and your spouse are agreeable to the terms of the dissolution, the process can go very smoothly.
Just to give you an idea of how simple it can be, I have done marital dissolutions that cost six-figures in legal fees and costs. I have also done dissolutions, where there are no disputes, for about $3500, including all the filing fees.
The process requires a lot of paperwork, disclosures, petition, and many other documents. I suggest that you contact someone who will handle it, without charging too much money.
