Court Notification Dispute Resolution

Summary

In West Virginia, abuse and neglect cases fall under family law, involving serious implications for parental rights. If you face improper court notifications or procedural errors, consider filing a motion to vacate judgments due to fraud or due process violations. You can also file a motion to intervene if you have a direct interest in the case. Legal representation is crucial, and you may request a panel attorney if conflicts of interest arise. Consider reaching out to organizations like the ACLU for civil rights assistance.

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with a fraud on the court, ineffective assistance of council and due process violation there shouldn't be a statute of limitations. and my grandmother still has the case open because she is intervening
It sounds like you have multiple serious claims that need addressing. In Illinois, fraud on the court and due process violations are significant issues.
- Fraud on the court can invalidate judgments if proven.
- Ineffective assistance of counsel claims can be made if the attorney's performance was deficient and prejudicial.
- Due process violations can be grounds for appeals or reconsiderations.
Have you considered filing a motion to vacate the judgment due to these reasons?
this is west Virginia.
Got it, you're dealing with a complex legal situation in West Virginia. Here’s some general information that might help:
- Fraud on the court can invalidate judgments if proven.
- Ineffective assistance of counsel claims can be made if the attorney's performance was deficient and prejudicial.
- Due process violations can be grounds for appeals or reconsiderations.
Given the serious nature of these claims, consulting with another attorney in West Virginia might be beneficial. Have you considered reaching out to any local legal aid organizations for assistance?
there is disciplinary measures against the public defender in process now. and will be against other * attorneys as soon as I mail in these complaints and the judge is also being investigated now.
It sounds like you're taking significant steps with the ongoing disciplinary measures and investigations. However, to ensure that your claims are properly addressed, consider the following:
- Document all your communications and evidence related to the improper notifications and ineffective assistance of counsel.
- Consider filing a motion to vacate the judgment due to fraud on the court and due process violations.
Have you explored the possibility of seeking a new public defender or private attorney to assist you further in West Virginia?
i went to the courthouse and got all documents on the case. listed everything by date and put proof of their fraud with each date. example. cps attorney swore affidavit he attempted several times to notify me with no luck and used due diligence. he does not list how, when, or where attempts were made and evidence doesn't show anything about an attempted notice. then he published notice on Sept * and * for a Sept. * court date. the judge changed time and venue on Sept *. on the * the cps attorney gave notice that publication would not be complete until the *. a new court date for Oct. * was set. they referenced that Sept publication as proper notice and adjudicated me set Nov * court date. still used the Sept publication and terminated my rights. the nov7 court date was in another county
It sounds like you have substantial evidence of procedural errors and potential fraud. Here are some steps to consider:
- File a motion to vacate the termination of parental rights based on the fraud and due process violations.
- Request a hearing to present your evidence.
- Consult with a new attorney specializing in family law and appeals.
Have you already filed any motions to vacate the previous judgments?
the judge was considered one of USA top attorneys from * to *. trained intermediate court in family law. the GAL has had a private practice specializing in family law since *. the public defender became a bar member in * and the cps attorney is also the county prosecutor. those weren't errors
Given the serious nature of your claims, it's important to take immediate legal action. Here are some steps you can consider:
- File a motion to vacate the termination of parental rights due to fraud and due process violations.
- Request a hearing to present your evidence.
- Consult with a new attorney specializing in family law and appeals to assist with your case.
Have you considered reaching out to legal aid organizations for additional support?
no I cant. they said it would be a conflict of interest. but I do want to file a motion for a panel attorney
To file a motion for a panel attorney in Illinois, you can follow these steps:
*. Draft a motion requesting a panel attorney due to conflict of interest.
*. Include details of your current representation issues.
*. Submit the motion to the court handling your case.
Have you already started drafting the motion?
this is west virginia
I apologize for the confusion. Since you're in West Virginia, here's what you can do:
- Draft a motion requesting a panel attorney due to the conflict of interest.
- Include details of the representation issues and evidence of the conflict.
- Submit the motion to the court handling your case.
Have you considered reaching out to the West Virginia State Bar for guidance on finding a new attorney?
west Virginia is required to pay for my attorney.
It sounds like you are dealing with a complex and serious legal situation. Here are steps you can consider:
- Request a panel attorney: Draft a motion detailing the conflict of interest and requesting a panel attorney.
- Include Evidence: Provide all relevant evidence of the improper notifications and ineffective assistance of counsel.
- Submit the Motion: File the motion with the court handling your case.
Have you already gathered all the necessary documents to support your motion?
I've got the document drawn up and all documented evidence with it. that proves the fraud, the inaffective assistance of council, proof my children were taken under false pretenses. I've also got altered documents from cps. and proof they allowed a licensed social worker to impersonate a deputy sheriff
It sounds like you have gathered substantial evidence to support your claims. Here are some steps to consider:
- File your motion requesting a panel attorney due to conflicts of interest.
- Include all your documented evidence.
- Request a hearing to present your case.
Have you already scheduled a hearing date for your motion?
not yet thats my next step. with this motion the judge has been taken off the case, the cps attorney resigned and the other recused himself. when the judge stepped down she picked the judge to replace her. if he looked over the case as required there's no way he did not see the fraud
Given your situation, it seems quite serious with significant implications. Here are some steps you can consider:
- File the motion requesting a panel attorney due to conflicts of interest.
- Include all documented evidence of fraud, ineffective assistance of counsel, and any other relevant information.
- Request a hearing to present your case.
Have you consulted with any legal aid organizations for additional support in West Virginia?
no. I tried but they said it would be a conflict of interest. and ive even requested transcripts face to face and certified mail with no luck. its been 4 months
It sounds like you're dealing with a serious case with significant evidence. Here are some steps you can take:
- File a motion to request transcripts officially, citing previous attempts and lack of response.
- Include all documented evidence of your case and the procedural errors.
- Request a hearing to address the motion.
Have you considered seeking pro bono legal assistance from law schools or other non-profit organizations?
I've tried. cant find one
It sounds like you're in a very challenging situation. Here are some options you can consider:
- Continue trying to find pro bono help: Many law schools offer legal clinics where law students, supervised by attorneys, provide free legal assistance. Check with universities in West Virginia or nearby states.
- Contact the West Virginia State Bar: They may have resources or suggestions for finding legal aid.
- File a motion: Since you have all your documents and evidence, proceed with filing the motion to request a panel attorney and a hearing.
Have you tried reaching out to university legal clinics or the West Virginia State Bar for assistance?
that's why I'm filing a motion for a panel attorney. one other question. they terminated my rights then my grandmother intervened. should I also file a motion to intervene
Yes, filing a motion to intervene could be beneficial. Here’s why:
- As a party with a direct interest, you can participate in the proceedings.
- It allows you to present evidence and arguments directly related to your case.
Have you started drafting your motion to intervene?
so my parents can also file a motion to intervene. they made false allegations against my parents. entered my parents house without anyone home and without permission
Yes, your parents can file a motion to intervene if they have a direct interest in the case. They should outline their relationship to the children, the false allegations, and any evidence they have.
Have your parents already gathered the necessary evidence to support their motion to intervene?
yes. they have
It sounds like you have a strong case with significant evidence. Here are your next steps:
- File your motion to intervene and ensure it details your direct interest and gathered evidence.
- Encourage your parents to file their motion to intervene, including all necessary evidence.
Have you scheduled a hearing date for these motions yet?
yes the reason we have so much evidence is they didn't worry about the evidence matching the alligations because their plan was for public defender not objecting to anything and sending notice to incorrect address so I would not get it in time so they could bury the case and it wouldn't get a second look because it would look like I waved my rights
It sounds like you have a strong case with significant evidence of procedural errors and misconduct. Given the serious nature of your claims, it's essential to take the following steps:
- File your motion to intervene and include all relevant evidence.
- Ensure your parents also file their motion, detailing their direct interest and evidence.
- Request a hearing date for these motions.
Have you been able to consult with any legal professionals to review your motions before submitting them?
we have the motion to intervene my grandmothers lawyer filed we were going to write it up like that but put the interest and evidence to pertains to us
It sounds like you have a strong case with substantial evidence. Here are the steps you should take:
- Use your grandmother's motion to intervene as a template.
- Clearly state your direct interest and include all relevant evidence.
- Ensure your parents do the same in their motion.
- Request a hearing to present your case.
Have you reviewed the motions with your grandmother's lawyer to ensure they are correctly formatted and comprehensive?
no. we are probably going to copy and paste it on a couple different lawyer ai to look it over
It sounds like you have gathered strong evidence and are taking appropriate steps. Here are your next actions:
- Use your grandmother's motion as a template but tailor it to include your interests and evidence.
- Ensure everything is clearly documented and well-organized.
- Request a hearing date for presenting your motions.
Have you considered contacting the West Virginia State Bar for additional resources or guidance?
I have. but just to get a civil rights attorney to begin lawsuits
Given your situation, it seems you have substantial evidence and a well-documented case. Here are some steps to consider:
- Continue with your plan to file a motion for a panel attorney.
- Use your grandmother's motion as a template to file your intervention.
- Have your parents file their motion with their evidence.
- Request a hearing date for these motions.
Have you contacted the ACLU or similar organizations for civil rights legal assistance? They might be able to help with your lawsuit.
no we haven't. what's the ACLU
The ACLU (American Civil Liberties Union) is a non-profit organization dedicated to defending and preserving the individual rights and liberties guaranteed to every person in the United States by the Constitution and laws of the United States.
Have you considered reaching out to the ACLU for assistance with your civil rights concerns?
is an abuse and neglect case family law
In Illinois, abuse and neglect cases fall under family law and can have serious implications for parental rights.
- Abuse and neglect cases involve allegations of harm or risk of harm to a child.
- The Illinois Department of Children and Family Services (DCFS) may get involved.
- Legal representation is crucial in these cases to protect your rights and interests.
Since you are dealing with a complex situation, it is important to have strong legal support. Have you consulted with a family law attorney in Illinois who specializes in abuse and neglect cases?
in west virginia
In West Virginia, abuse and neglect cases are complex and critical. Here’s what you can do:
- File the motion for a panel attorney.
- Use your grandmother's motion as a template for your and your parents' motions to intervene.
- Request a hearing date for these motions.
Have you considered reaching out to the ACLU for assistance with your civil rights and family law issues?
are abuse and neglect cases in west virginia family law
Yes, in West Virginia, abuse and neglect cases fall under family law. These cases can involve serious implications for parental rights and the welfare of the child. The West Virginia Department of Health and Human Resources (DHHR) typically gets involved in such matters.
- Abuse and neglect cases involve allegations of harm or risk of harm to a child.
- The DHHR may investigate and take protective actions.
- Legal representation is crucial to protect your rights and interests.
Have you considered reaching out to the West Virginia State Bar or the ACLU for additional support and guidance in your case?