Legal technicalites. Experiences?

Discussion in 'The Watercooler' started by keista, Jun 11, 2012.

  1. keista

    keista New Member

    FH decided to hire himself a lawyer because I started processing paperwork to get child support deducted from his paycheck. He hasn't paid a single penny yet.

    Well, the attorney got my name wrong. On the first notice that he's been retained, he got my name wrong, but on the bottom portion where it states that he sent me a copy of the notice, my name is correct. Well, now he's sent something called interrogatories where they are asking for all sorts of financial info, but specifically from the misspelled person. I'm mostly annoyed because I'm leaving for vacation in a week and will be gone for three weeks, and they're requesting all the info within 30 days. It can be done, just aggravating.

    It reminds me of when I got busted for driving without a license. They misspelled my name the same wrong way, I paid the fine to be on the safe side, but the infraction never ended up on my record.

    So, anyone have technicality experiences when it comes to judges? I'll probably end up "doing the right thing" but am still in the considering evilness phase. :sochildish:
     
  2. JJJ

    JJJ Active Member

    Do you have an attorney? Just because his lawyer sent you a list of questions does not mean you have to answer all of them.
     
  3. TeDo

    TeDo Guest

    I'm with JJJ on this one. Don't do a thing until you talk to a lawyer of your own. Just because HIS lawyer is requesting it, you don't answer to him and he has no legal authority over you. Are you working with a government agency on your paperwork? The only ones that can FORCE you to provide the info is a judge or a government agency, misspelled name or not. Go on your vacation and don't worry about it for now.
     
  4. keista

    keista New Member

    No, not yet. And yes, I have to answer these questions. I'll be sending a followup request for him to do the same. We did this last year, but it can be done once a year to keep the financial info current.

    FH is contesting how much money I make - he doesn't understand that when you run a business there are costs and expenses involved. He's claiming I'm over-reporting expenses and under-reporting income. I'm not, so I'm not really concerned about it, just annoyed that I have to send him this stuff AGAIN.

    Ironic thing is that even if I made what he claims I'm making, child support would only change by about $100 a month.

    I've already decided that whatever I send back, I'll send back at the end of the 30 day time limit,, but should I send nothing claiming that misspelled woman doesn't exist (she doesn't) and is not party to the case or just send what i"m supposed to like a good girl. I seriously do not want to waste money on an attorney on this nonsense.
     
  5. susiestar

    susiestar Roll With It

    I know you don't want to 'waste' $ on an atty, but you really NEED to speak to one about this. On some legal things it is no big deal, but on others it is a huge deal. The rules are so onfusing that only atty's seem to know which is which.

    If nothing else, get one of those free 30min consults and ask an atty during one - many atty's offer a free consult to try to get your business.
     
  6. Hound dog

    Hound dog Nana's are Beautiful

    Be wise, consult an attorney. Always always cover your rear end.

    But in all honesty? You're not legally bound to give them financial info on a person that doesn't exist. Have you just tried calling the office and telling the lawyer they misspelled your name and it's a mix up?
     
  7. keista

    keista New Member

    Not yet. I'll be calling in a day or two. Should have called for mediation today but I forgot so I want to get that scheduled first.

    Went over the papers again and he's asking for last 4-5 years of records! I can enter an objection to that for excessiveness. What I will do is send them last 3 months of bank records and last 3 years of taxes, and if they want anything else, I'll bring it down to them and they can make the copies while I wait. I certainly am not paying for 5 years of copies. And have I mentioned that I'm NOT organized? IRS requires me to keep records, but they don't dictate HOW I keep them.

    I've consulted with attorneys twice, and attempted a third, but the last just wanted me to hire him blind with no idea of how much it would cost. I simply can't/won't do that.
     
  8. Hound dog

    Hound dog Nana's are Beautiful

    Never hire an attorney without some estimation of cost. omg You're certainly right there. Five years?? Oh heck yeah that's a bit excessive!
     
  9. Lothlorien

    Lothlorien Active Member Staff Member

    If you did this last year, don't they already have copies of those records? I'd tell them to shove it and they can have the records from the point you already sent.
     
  10. keista

    keista New Member

    Pretty much what I'm gonna do. See, I sent the records to FH before he hired an attorney. I'm guessing those records have been tossed. It took a whole ream of paper for just one year. (I've got like 16 credit cards) I'm not going through that paper and ink expense again.

    And yes, Hound, the "no estimates" on contested thing is a real PITA. Also doesn't make you feel warm and confident when the attorneys first questions all have to do with money - as in how much can he get out of us? The very first one I met with told me in not so many words that I was smart enough to do it myself. That is true, but the translation was - I don't want to take what little money you have.

    The last one I contacted, did the same thing despite my plan to just pay his hourly once in a while to get LAW 101 type info from him - the stuff I can't get on the internet in normal language. He spent 20 minutes explaining to me how it wouldn't be worth his time. I hung up on him.

    But seriously, I'm hoping to hear some got out of it on a technicality stories. Those kind of anecdotes really get me thinking creatively.
     
  11. InsaneCdn

    InsaneCdn Well-Known Member

    Are you anywhere near a university with a law college? Sounds like a good project for some law students...
     
  12. AnnieO

    AnnieO Shooting from the Hip

    OK. From a different point of view:

    Bio went by whatever name she decided to use on any given day. Bio-husband, just Bio, Bio-NewH, just NewH, husband. Legally she could only go by Bio-husband until divorce final - then Bio only - till she married NewH. But she did it. In fact when she married NewH, she got the license under Bio-husband name. Technically due to this she wasn't really married to him. BUT - it did not matter.

    The courts misspelled husband's names, bio's names, my names, even the kids' names. Jett has a COMMON USAGE WORD 4-letter name. The courts couldn't get THAT right. Does not matter.

    As for the records? You have 30 days - IF THE COURT ORDERED YOU TO HAVE 30 DAYS. Not if the attorney said so. And don't give him an iota more than you have to. In fact blank out account numbers if it's not going straight to the court. None of ex's business.
     
  13. Signorina

    Signorina Guest

    Ditto - let the court order the information. In the meantime - I would consider the request as an effort to "bury you in paperwork so that you back off" and would treat it accordingly. You are not obligated to do anything unless the court orders it.
     
  14. Signorina

    Signorina Guest

    Sorry to post twice - but didn't want this to get lost - you can get copies of your tax returns from the IRS. They don't charge for it. Here's the link:
    http://www.irs.gov/individuals/article/0,,id=232168,00.html

    Maybe easier to order copies than to go through your own files and have copies made. hth
     
  15. keista

    keista New Member

    Well, I only slept 3 hours last night. Fortunately I was able to be productive and started printing out some of the no brainier recent stuff. Got a whole ream of paper printed and it's just the tip of the iceberg.

    With almost no sleep, today was really rough - emotionally, but I finally got my game plan together. I'm "on line" for mediation. Tomorrow I'll be filing a notice of delay saying I'll be late producing the paperwork. Just can't be done in one week, and they know I'm going on vaycay. So PLBT :sochildish:. He also filed a motion to delay "Setting for Trial" Which is what gets us to mediation, so I'm filing an objection to that, citing that that's what gets us to mediation and that FH had a year to hire an attorney, but didn't until I sent him the income deduction order (for child support) for his review. We can hold off actually setting a trial date but the notice should stay. AND I'm requesting all the same paperwork they are requesting from me. And I'm devising some very creative, very specific questions

    Yeah, I wonder If I can skip law school and just sit for the bar exam?

    So seriously? no one had an "I got off on a technicality" story? I was sure we'd have a few interesting ones out of this bunch.
     
  16. InsaneCdn

    InsaneCdn Well-Known Member

    Sometimes it doesn't pay to get off on a technicality.

    In cases like this, the more YOU can look squeaky clean and upright and law-abiding, the better. Let HIM look like a skunk.

    But... fighting fire with fire is fair - requesting info back, contesting dates, etc. THAT is all fair.

    Go get 'em.
     
  17. Liahona

    Liahona Guest

    good luck. I'd wouldn't know the first thing to file to fight all this. I'd have to have a lawyer. In this state child support is so structured that fighting it is useless. I guess your situation is different because you have your own business.

    X's lawyer has tried to fight (not child support but other things) by blowing smoke (lots of filings with the court about how awful we are). Lots of bickering between lawyers. If that works or not is really up to the personality of who you are going before. It back fired on x's lawyer because she didn't know the judge.
     
  18. witzend

    witzend Well-Known Member

    My experience with this comes from a situation where the person hiring the lawyer had Alzheimer's and REALLY got the names wrong. Legally, if you've received the documents and it's reasonable to assume that they were meant for you, it doesn't matter how they spelled the name.
     
  19. keista

    keista New Member

    Today's letter had my name right but my address wrong. What is wrong with this guy's office staff?

    I did consult with a paralegal today regarding procedures and such. She assured me I'm doing just fine. Advised me on my best course of action with my visitation concerns. And reiterated what I already knew. The attorney is just looking for every possible scrap of paper from me so he can pad his bill. I guess I'm gonna help him. Just such a shame that FH is more willing to pay a lawyer than the support his kids rightfully and legally deserve.
     
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