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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33305
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I received a court order in the post from my x wife solicitor

Customer Question

I received a court order in the post from my x wife solicitor on Thursday 27 November regarding paper work I had to sign. The court order deadline was Friday 28 November. This allowed no time to take advice.
The court order was taken out on November 7.
Where do I stand legally and can the solicitor leave it so late ?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What were the actual terms of the Order?
Clare
Customer: replied 2 years ago.

the respondent shall by 4pm on November 28 2014 comply with paragraph 4 the order made by District Judge Wood on 8 January regarding Acillary Relif. X wife originaly failed to have her paper work ready for the original deadline date made by judge Wood in Aaril 2014.

All I need to no is where do I stand having not seen the court order until the day before deadline date. Surely her solicitor is in the wrong for providing me with the paper work sooner !

Expert:  Clare replied 2 years ago.
Hi
What was the document you had to sign - and when were you last asked to do it?
Was a claim for costs included in the order?
Clare
Customer: replied 2 years ago.

Sorry to be blunt put all I want to know can a solicitor post a court order to you the day before the deadline when it was taken out with the court 3 weeks previous.

Expert:  Clare replied 2 years ago.
Hi
The answer is that depends.
The Order does not "bite" until it is served upon you - so if there was an Order for costs involved then it would not be enforceable until you had received it.
I would surmise (and it can only be a surmise without the information I requested) that if you had simply signed the documentation and sent it back then that would have been that.
However when it became clear that you would not do so the Order was sent to you so that costs can be claimed and the next step taken.
I would not call it good practise since should it come to enforcement you would have legitimate cause to argue that you should have an extra few days - but it is not actually wrong to have done it this way.
Please ask if you need further details
Clare

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