Hello,
I filed for temporary PSS in January 2017 in Mecklenburg County. Our hearing dragged till mid May. The judge said she needs two weeks to make a decision, we are now in week 9 and still no decision. Hence now 7m without a decision for something that should, seemingly, be an urgent matter. Is this normal? How long does Temporary PSS normally take? Are judges under any kind of timeline? Asked the judge twice for updates on decision: last time, about 3 weeks ago, the judge said she didn’t even get to my case… in the mean time I’m about to loose, home, transportation, and more. Anything I can do to actually get help.
Thank you.
Sometimes there can be delays in receiving judgments and orders from judges. While 9 weeks to receive the PSS order seems unusually long, I am unfamiliar with Mecklenburg County and whether or not this is typical in that county. Judges do not have deadlines to issue their rulings.
Make sure to stay in regular contact with the judge’s assistant/case coordinator.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you for your reply. Earlier last week I learned that it will be another month at minimum to get a decision. Thus minimum of 13 weeks for a judgement that in it self took 5 months to get to end of. That would put me about 8-9 months since originally filing for PSS in Jan 2017. This was to get my ex to help pay for all the bills and debts incured together. Is there really nothing someone in my situation can do? I borrowed a lot of money from friends and family to pay minimum payments thus far but have exhausted all resources now.
Thank you again,
V
There isn’t much else you can do if the judge is not ready to issue his or her order. Sometimes the clerk’s office will put a case on the calendar for entry of judgment if a lot of time has passed. It is possible that, depending on the claims filed and the evidence presented at the hearing, the judge will award retroactive support to compensate for the delay in receiving the judgment.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Hello,
I appreciate your prompt response. Is there any kind of court order, instrument, or procedure I can get to give to my creditors so they can wait till a court decision is made?
Thank you for all the help,
V
I am unaware of any documentation you can give to your creditors as you await a PSS judgment.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
OK. Thank you so much. You have been most helpful.
I really appreciate your help.
V