Steps for Filing an Emergency Petition with the Court

Dahloan Hembree
An emergency petition covers many areas of law. An emergency petition is a signed form requesting a court or judge to begin action on a legal matter. The issue can be medical, child custody, guardianship, bankruptcy or a number of other issues. There are specific steps to take in order to file an emergency petition. You can opt to file a petition pro se, or on your own. Also, you can contact an attorney who will file an emergency petition on your behalf.

Filing An Emergency Petition

Contact your local courthouse. Most jurisdictions allow an individual to file an emergency petition without an attorney. There are different types of petitions, depending on the reason for the petition. Be sure and tell the courthouse personnel the reason for your petition. You will be given the application, and given directions on how to complete the form. If you opt for an attorney, you will need to make an appointment, and he will talk to you about filing the paperwork. The attorney will handle the filing for you.

Pay Fees

Pay the required fee to the courthouse.There will be a fee for filing an emergency petition. The court can tell you which form of payment is preferred. Some courts work out a payment schedule if the fee is large, or if you can't afford to pay the fee in one lump sum. If you opt for an attorney, he will tell you what his fees will be. Some attorneys require payment upfront, while some allow payments.

Court Date

Wait for a phone call telling you the court date. A judge will decide whether or not to grant your emergency petition. Remember to dress professionally for the courtroom appearance and be well spoken. These tips will help get your emergency petition approved. Whether you are filing on your own, or with an attorney, you will still appear in court.

Contact an Attorney if Needed

Contact an attorney if your pro se emergency petition is denied. A lawyer might be needed in order to have your emergency petition approved. If you have an attorney and your petition is denied, he can request an appeal.

Just when you feel all hope is gone, it is nice to know that an emergency petition can be filed. It can sped up custody arrangements, stop a foreclosure, or allow you to keep a car temporarily. Remember to carefully follow the steps so your Emergency Petition will be accepted.

http://www.bankruptcylawfirms.com/resources/bankruptcy/filing-for-bankruptcy/emergency-petition.htm
http://www.beavercountycourts.org/LawLibrary/forms/Custody/Emergency%20relief.pdf

http://courts.phila.gov/pdf/forms/domestic-relations/prose-emergency-custody.pdf

Published by Dahloan Hembree

Ms Hembree is a certified Special Education, Reading and Pre K through 3rd grade teacher. She has taught for ten years. Prior to that, she was a Youth Counselor for six years with a non profit agency. Mrs. H...  View profile

1 Comments

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  • Kassidy Emmerson10/29/2010

    Good info to know!

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