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Law Notes - November 2001
by John Duffy
Every day
we see people at Legal Services who received legal papers yet did not respond to
them. The papers either come in the mail or are given to them in person. When
clients receive legal papers, they usually read them, sometimes very carefully,
and three things happen. One, the client doesn’t understand them so they hide
them away in a file hoping the problem will go away. Two, they read and think
they understand them but, in fact, don’t understand them and miss an important
date. Or, three, the client understands them and timely handles the matter.
All three
situations occur but it is the first two that get people into trouble. People
sometimes think that they can deny receiving the papers. While sometimes they
are being truthful, the presumption is that a mailed letter was received if not
returned to the sender. The presumption is difficult to overcome. This
situation usually occurs if you share a box with someone or are out of town for
a long time. Rarely will box-sharing or an extended vacation be an excuse for
not responding to papers sent to you.
If you
receive the papers, respond to them. If you don’t understand them, seek legal
advice. Whatever the matter is, it will not go away simply because you toss it
or file it away. More than likely you will be risking something very valuable
to you by not responding. We see clients every day who ask us to swoop in and
save their car, house, or child at the last minute because they didn’t seek
legal advice right away. Sometimes we are able to help, sometimes not. It is
always easier to help if we are involved from the get-go.
If you
understand the papers and wish to represent yourself at court, we still
encourage you to seek legal advice. Representing yourself in court can be an
incredibly empowering experience and a hallmark of true democracies but it can
also be complex. Remember that rules vary in every tribal court, each state
court, and in federal courts. Because you know the rules for one court doesn’t
mean you know the rules for all courts. In fact, few lawyers do. But a lawyer
can research for you or direct you to where to find the answer you’re looking
for.
The
bottom line is if you get legal papers in the mail and don’t understand them,
seek legal advice. If you think you understand what the papers are asking, seek
legal advice to double-check that you’re right. And, above all, never ignore
legal documents. They will catch up with you and eventually you will be
required to answer them.
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