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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 07-26-2011, 01:55 PM
frustratedwithex frustratedwithex is offline
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Default What to do when ex’s lawyer won’t respond?

Once again ex’s lawyer is not responding. Back in November I am informed ex has a new lawyer and offer will be submitted shortly, e mails and phone messages left by my lawyer go unanswered, February court papers are finally served along with an offer to settle. In April I respond with a counter offer.

My lawyer has sent emails since mid June when my offer expired and the only response from exs lawyer is, “ we are close on some issues and will be sending a proposal shortly”.

I can’t afford to have my lawyer continue to send emails or leave messages for a lawyer who doesn’t respond and at the same time I need information.

Ex has stopped paying support again, this also happened in Nov. He did pay arrears in Feb. and has continued to pay until these past two months and is now away until middle of August so it is unlikely he will be paying anything for August.

I don’t know how to proceed. What do I instruct my lawyer to do at this time? Stronger worded emails, pull all offers and proceed to court? I’m very frustrated.
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Old 07-26-2011, 02:38 PM
fireweb13 fireweb13 is offline
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Get your lawyer to send an email with a timeframe. EG. on such and such a date we will be proceeding with our motion or whatever unless the matters are settled.
On that note, maybe your ex's lawyer cannot get ahold of him because he is away?
  #3  
Old 07-26-2011, 03:08 PM
Mess Mess is offline
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I would instruct your lawyer to stop contacting the other lawyer, endless letters and emails just cost you money and result in nothing.

My ex played this game for over 2 years and when I go back and total the cost of endless letters back and forth, it added thousands of dollars to my legal bill.

You did well sending an offer with a time limit, the limit is expired, they are out of luck.

You should decide if you want to send another offer, or an offer that is not so great but within what a court would likely decide, so that you can have a reasonable offer on the table to avoid future court costs.

With my ex, when she turned down a good offer, I'd follow with a worse (for her) offer. The longer she waited, the more it cost her and the less of a compromise I was offering. In part, this made up for my ongoing legal expenses.

Court papers have been served, if it were me I would sit still, mention her lack of response to the case conference judge and imply that all this was unnecessary if she had be responsive.
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Old 07-26-2011, 03:58 PM
frustratedwithex frustratedwithex is offline
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Quote:
On that note, maybe your ex's lawyer cannot get a hold of him because he is away?
His lawyer indicated at the beginning of June that there was a proposal that she would be forwarding shortly. The fact that my ex left for vacation 2 days ago should be irrelevant. He has had plenty of time to communicate with his lawyer. For some reason his lawyer is dragging her feet on this. It could simply be she is too busy with other cases, her excuse is usually she is just finishing a trial and will be giving her attention to this matter shortly.


Quote:
Court papers have been served, if it were me I would sit still, mention her lack of response to the case conference judge and imply that all this was unnecessary if she had be responsive.

He served court papers on me and it is his lawyer that is being un responsive.

Quote:
You should decide if you want to send another offer, or an offer that is not so great but within what a court would likely decide, so that you can have a reasonable offer on the table to avoid future court costs.

I sent a counter offer to his that was within what a court would likely decide, so there is a reasonable offer, (I am or was willing to negotiate this), currently on the table.

Quote:
With my ex, when she turned down a good offer, I'd follow with a worse (for her) offer. The longer she waited, the more it cost her and the less of a compromise I was offering.
I don’t know if he has officially turned down my offer. All his lawyer has communicated, (which took place at the beginning of June), is that we were close on some issues.

He, (ex), filed court papers with an offer to settle and I sent a counter offer. Not counting the previous 2 years of negotiating, that’s all that has happened since he filed a court case.

What motion do I proceed with?
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Old 07-26-2011, 06:00 PM
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NBDad NBDad is offline
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You instruct your lawyer to push forward with the court and to cease communications with other attorney.

Think of every letter, email, etc that your lawyer send on your behalf as containing a $100 bill, because in all likelyhood that's what it's costing you.
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Old 07-26-2011, 11:56 PM
frustratedwithex frustratedwithex is offline
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I am the respondent, not the applicant, does this make a difference?

Do I need to start my own court application?
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Old 07-27-2011, 01:39 AM
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Doesn't the enforcement agency kick in when child support is not paid?
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Old 07-27-2011, 02:44 PM
frustratedwithex frustratedwithex is offline
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The funny thing is last year my ex sent me a few emails telling me I needed to manage my lawyer, how to manage my lawyer and how my lawyer had a responsibility to see me and discuss my case in a timely manner and if my lawyer couldn’t do this, I should find someone who could. All of this because of a ridiculous time line my ex had attached to an offer. Since my ex hired this new lawyer, it seems to be his new lawyer who is delaying and not responding. I really want to send him back his own words, but I won’t.

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Originally Posted by Mess View Post
I would instruct your lawyer to stop contacting the other lawyer, endless letters and emails just cost you money and result in nothing.
Okay, so I instruct my lawyer to send an email with a time limit on it, say next Friday. My ex is now out of town until middle of August, am I now being un-reasonable if his lawyer can’t communicate this deadline to him?
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Old 07-29-2011, 01:40 PM
frustratedwithex frustratedwithex is offline
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My lawyer has just emailed me informing that exs lawyer is on vacation. My lawyer wants to prepare an application for ongoing support as well as serve an Appointment for Questioning.

Correct me if I'm wrong, but I think these two procedures cost a bit of money.

I'm thinking that whether or not I serve these papers or wait until all parties are back from vacation, it will be September before anything happens.

From where a I sit, I do nothing, or I spend money to get exs lawyers attention.
  #10  
Old 07-29-2011, 02:48 PM
beebie beebie is offline
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Questioning can take a few hours with a transcript also to be paid for.

If the received financial disclosure raises questions, you need answers.
Where I come from, you can send opposing party a court filed document which is a list of written questions with a defined date ( they get 30 days to respond) and that might be cheaper. Your lawyer will probably know if that is just as effective. Be sure to add to the questions "and provide the documentation to prove it" or something like that.
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