What are Some of the Possible Timing Factors?
It should be noted that Marchman Act relies heavily on many external factors that can hinder the speed and probability of success for the average petitioner not represented by an attorney (pro se petitioner). While a petitioner may want to strive for immediate results, the process can be slowed by external factors including but not limited to: utilization of the wrong forms, improper execution of forms, failure of the sheriff to serve the respondent, the Clerk of the Court’s business schedule, Judicial schedule, and available hearing dates. Also, the respondent can and in most instances, be provided an attorney for their defense. An attorney representing a petitioner, trained in and utilizing the rules of civil procedure, as well as their experience in litigating a Marchman Act cases, can expedite the process and help ensure success.
It is important the petitioner recognize the Marchman Act is not an immediate fix. It is a methodical process which should be diligently controlled as much as possible by the petitioner. The Marchman Act is a court proceeding thus the petitioner should be fully involved in the litigation process until such time that the respondent no longer continues to meet the Marchman act criteria.