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Civil Cases

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  • joetheskeptic
    Dear Group, I have been to court here in the State of Kentucky over child support. I know that this is a tricky subject for some but what has happened to me is
    Message 1 of 3 , Oct 24, 2008
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      Dear Group,

      I have been to court here in the State of Kentucky over child
      support. I know that this is a tricky subject for some but what has
      happened to me is unjustifiable. The last county attorney in my area
      stole over $15k that I paid into the system while he was in office.
      I have had to go to court over this several times and finally got it
      settled on his larceny but the last time I appeared, remember it is
      a civil case and it is a controversy over $300 and the lady I owe
      the money to in in another state, so, Constitutionally I should be
      allowed a jury trial, not only by Federal standards but by Ky
      Constitutional standards. I pointed this out to the presiding judge
      but she wasn't interested, she stated that since it was civil I
      didn't need a lawyer and that the state could pay for the other
      sides lawyer. How is this possible? I was told to pay or go to jail
      without the benefit of an attorney or without the benefit of my
      constitutional rights. Does anyone have any comments on this?

      Thanks,

      Larry
    • Jake
      ...   Because you do not have the right to an attorney in a civil case.  You can hire one, but the court will not appoint one for you.    Different
      Message 2 of 3 , Oct 28, 2008
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        > I have been to court here in the State of Kentucky over child support.
        > [the judge] stated that since it was civil I didn't need a lawyer and that the state could pay for the other sides lawyer. How is this possible?
         
        Because you do not have the right to an attorney in a civil case.  You can hire one, but the court will not appoint one for you. 
         
        Different ballgame than a criminal trial where you do have the right to an attny.  And in a case such as yours, the State is the plaintiff, so a State-employee attny. will represent the State.
         
        ~ ~ ~

      • gary
        Support cases really suck, it s a civil case so you are not entitled to an attorney BUT if you don t pay whatever the court says you have to pay, or do
        Message 3 of 3 , Oct 28, 2008
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          Support cases really suck, it's a civil case so you are not entitled to an
          attorney BUT if you don't pay whatever the court says you have to pay, or do
          whatever they say you have to do, they put you in jail.

          Also, it wasn't stated whether the "other side" was the state or the other
          parent. If it was the other parent, it seems unfair that the state would
          pay for their lawyer. The wording of the statement leads me to believe the
          "other side" was the other parent as everyone expects the state to have
          their own lawyer.

          Gary

          ----- Original Message -----
          From: Jake
          To: tips_and_tricks@yahoogroups.com
          Sent: Tuesday, October 28, 2008 5:53 AM
          Subject: Re: [tips_and_tricks] Civil Cases


          > I have been to court here in the State of Kentucky over child support.
          >
          > [the judge] stated that since it was civil I didn't need a lawyer and that
          > the state could pay for the other sides lawyer. How is this possible?


          Different ballgame than a criminal trial where you do have the right to an
          attny. And in a case such as yours, the State is the plaintiff, so a
          State-employee attny. will represent the State.
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