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Author Topic: Legal Opinions please (especially lawyers)  (Read 653 times)

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Online Maxx

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Legal Opinions please (especially lawyers)
« on: June 05, 2016, 08:12:06 AM »
I got this as a separate thread. I think it might get more attention that way. After it spends itself out please moderators edit it and attach to my thread OK?

I was at looking the documents my niece had sent me. One was something called,
 NOTICE OF INTENT TO ENTER AND DOCKET MAINTENANCE JUDGMENT

It was signed by my ex and dated April 25, 2016

In this document it says:
"You are hereby notified pursuant of Minnesota Statues xxxxxxx subdivision xxxxxx, that you have twenty (20) days from the date of this notice to either pay all amounts claimed unpaid in the attached affidavit of default or to request a court hearing on the issue of whether the amounts claiming owed have been paid and to seek, ex parte, a stay of entry of judgment and serve a copy of your Notice of Motion and Motion on 'ex-wife so and so'

Should you fail to do either of the above, judgement will be entered and docketed against you in the amount of $XXXXxXXx

So I had 20 days to respond to this.

Then I get this document from the attorney dated May 6 2016. It states:

Dear Mr. Maxx

Enclosed and served on you are copies of the following documents:
 * NOTICE OF INTENT TO ENTER AND DOCKET MAINTENANCE JUDGMENT
 * Affidavit of Default of Maintenance Agreement

Sincerely Yours,
Signed by the attorney.

The Date of this letter saying there are these two documents is May 6, 2016. This is 11 days into my 20 days to respond before it is goes into automatic default. This lawyer's cover letter was put into the mail and several more days had elapsed. I have the addressed and postmarked envelop it came in.

This case was presented to the SSA as my not cooperating and being unable to be reached. Yet the truth of the matter was my daughters and I were in almost daily communication and my ex-wife was always asking them how I was doing.

The question I have, is this delay that prevented me enough time to respond, caused by the attorney sitting on the documents 11 days and several days in the mail, can this be used as leverage? I feel was not given enough time to organize a defense and they wanted a win by default judgment. Is this something the Bar Association would accept as a complaint? Or could I use it to waive of the attorney's head? His own signed and dated letter says eleven days had passed on my 20 days to respond?  :D


Offline Steveboy

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Re: Legal Opinions please (especially lawyers)
« Reply #1 on: June 05, 2016, 10:32:14 AM »
Oh god!!! Im glad I never had those problems with my ex wife  ;D Some times its just easier to have her bumped on the head and buried in some forest!


Offline Gipsy

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Re: Legal Opinions please (especially lawyers)
« Reply #2 on: June 05, 2016, 10:40:17 AM »
Oh god!!! Im glad I never had those problems with my ex wife  ;D Some times its just easier to have her bumped on the head and buried in some forest!

With so many changes to the UK/EU laws coming up, don't be surprised if she contacts you for something or other from your funds later in life... :ROFL:


Online Maxx

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Re: Legal Opinions please (especially lawyers)
« Reply #3 on: June 05, 2016, 11:17:54 AM »
Oh god!!! Im glad I never had those problems with my ex wife  ;D

She's up there in making trouble and not letting things go easy. I'll have to be real careful how I approach her with an offer.

Online msmoby

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Re: Legal Opinions please (especially lawyers)
« Reply #4 on: June 05, 2016, 11:54:10 AM »
Maxx

I  think you can demonstrate you never knew about this case / judgement in b absentia and have it put aside


Offline Anteros

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Re: Legal Opinions please (especially lawyers)
« Reply #5 on: June 05, 2016, 11:59:44 AM »
Oh god!!! Im glad I never had those problems with my ex wife  ;D

She's up there in making trouble and not letting things go easy. I'll have to be real careful how I approach her with an offer.

She offered you a settlement, which looked to be 50/50 (I don't know the ins and outs of the past deals, but it looked to be 50/50 on the amount she was to get, which was about $1,000.00). 

Anyways even though you say that she sent that message by using your daughters email account, a normal judge would look at it, and the judge would ask her point blank:  did you make this offer?  I highly doubt she would deny it, because then she would be guilty of perjury in front of the judge.

It's a starting point for the negotiations, which you might consider.  The tone of her email sounded polite, I would try to build on that.
Be careful what you wish for, you might get it.

Online B.B.

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Re: Legal Opinions please (especially lawyers)
« Reply #6 on: June 05, 2016, 12:27:08 PM »
Maxx, bubby.  Do yourself a favor and retain local counsel back home in Minnesota.  Really.  It will be better in the long run.  Agree to "task-based" billing if you like to keep things under control, i.e. where lawyer will agree to respond to the current issue, and then proceed accordingly per your instructions so that you don't run up a shit-ton of legal bills.

B/B
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Online andrewfi

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Re: Legal Opinions please (especially lawyers)
« Reply #7 on: June 05, 2016, 02:13:25 PM »
Oh god!!! Im glad I never had those problems with my ex wife  ;D Some times its just easier to have her bumped on the head and buried in some forest!

With so many changes to the UK/EU laws coming up, don't be surprised if she contacts you for something or other from your funds later in life... :ROFL:

Not an issue if she is neatly tucked up under a tree root in the forest.

"For what else is the life of man but a kind of play in which men in various costumes perform until the director motions them offstage?" -Erasmus

Online yankee

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Re: Legal Opinions please (especially lawyers)
« Reply #8 on: June 05, 2016, 02:37:22 PM »
Maxx, bubby.  Do yourself a favor and retain local counsel back home in Minnesota.  Really.  It will be better in the long run.  Agree to "task-based" billing if you like to keep things under control, i.e. where lawyer will agree to respond to the current issue, and then proceed accordingly per your instructions so that you don't run up a shit-ton of legal bills.

B/B

+1
What is worse than not being able to get what you don't even want?

Online Maxx

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Re: Legal Opinions please (especially lawyers)
« Reply #9 on: June 05, 2016, 03:16:21 PM »
"Task based" I'll remember that. I am doing my last minute things before I will be brought to the airport around 2 AM It is 1:15 now.

Offline Manny

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Re: Legal Opinions please (especially lawyers)
« Reply #10 on: June 05, 2016, 04:29:29 PM »
Maxx, bubby.  Do yourself a favor and retain local counsel back home in Minnesota.  Really.  It will be better in the long run.  Agree to "task-based" billing if you like to keep things under control, i.e. where lawyer will agree to respond to the current issue, and then proceed accordingly per your instructions so that you don't run up a shit-ton of legal bills.

B/B

+1

BB is a lawyer in the US. Take his advice.

Offline NS1

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Re: Legal Opinions please (especially lawyers)
« Reply #11 on: June 05, 2016, 05:18:02 PM »
I am going with the planting group.
Shovels are cheap  ;D
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Online B.B.

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Re: Legal Opinions please (especially lawyers)
« Reply #12 on: June 05, 2016, 11:53:33 PM »
"Task based" I'll remember that. I am doing my last minute things before I will be brought to the airport around 2 AM It is 1:15 now.

What you are really after is "task-based representation", but not every state permits that.  It's newer thing.

B/B
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Offline Steveboy

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Re: Legal Opinions please (especially lawyers)
« Reply #13 on: June 07, 2016, 12:45:21 AM »
Oh god!!! Im glad I never had those problems with my ex wife  ;D Some times its just easier to have her bumped on the head and buried in some forest!

With so many changes to the UK/EU laws coming up, don't be surprised if she contacts you for something or other from your funds later in life... :ROFL:

NO WAY Hosay !!!!  No one will ever walk over me..Im a lord to myself and answerable to NONE...I always had a dream of becoming a barrister  :laugh: Once I kind of had the opportunity to represent myself in court against my Ex wife. I cross examined her under oath.. when I finished she was in tears screaming her big mouth off..Next was her Solicitor , it gave me great pleasure to watch his jaw stuttering and become lost for words.
 ;D

Offline Manny

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Re: Legal Opinions please (especially lawyers)
« Reply #14 on: June 07, 2016, 02:06:28 PM »
Once I kind of had the opportunity to represent myself in court against my Ex wife. I cross examined her under oath.. when I finished she was in tears screaming her big mouth off..Next was her Solicitor , it gave me great pleasure to watch his jaw stuttering and become lost for words.
 ;D

I had the almost identical experience. After £20k on useless lawyers I did it myself and won.