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Assignment in Court due - not even close to ready and the doctors are worried....

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  • Assignment in Court due - not even close to ready and the doctors are worried....

    ok this may be simplistic but Assignment in court is due end of November - I understand this to be certain documents on the premise of getting ready to go to court?

    My issue is my health has been down, real down and my last go with the new young lawyer was to sit down and get an offer to settle done - what he had placed in front of me was the 4 page summary of the two of us. I looked at him and said, "how can you expect anybody say this right with a totals document - where is the totals coming from and I took out the last one I had done (it was of the first lawyer filled with errors.

    So struggle a bit he begins to speak to me in itemized items giving the totals and if it matched his summary document - yea! one line item down, "45" to go. Immediately following that meeting I sent him the numbers for all the items (my biggest issue is what items rightfully deserve to be listed, first as it meets the law and second I admit I am not doing good but I have found enough case laws etc. that at least mirrors my circumstance, and I gave him the full list as I see it as being valid claims. then I knew he told me he was going to be occupied as he had three upcoming trials booked.

    Fair enough but I really dropped out of life for about 12 weeks - at least I knew I gave him all he asked. well at least for me 8 days ago he mentioned the assignment that I had no idea what - so I looked it up. I waited a bit but on the 11th I asked him you say this "thing" is happening in November, it is the 11th now!!! What do you need to do or what do you need from me???

    Sadly on nov 19th he emailed me the same 1/2 complete "13B net family property statement" and my question: this 1/2 complete document was emailed to me, most of the ex's claims are not listed - much which I strongly believe should be on my side remains blank with his recommendation for a settlement offer nowhere near where it "has to be". I seriously am in one foot in the hospital door the other is lost at this point somewhere..... I am a borderline - ok they are officially getting officially worried about me, my status and the direction I am heading is "the wrong way". I am upset as I made it clear to him right off I can't do things last minute and here I am again!!!

    this assignment in court is due end of November he did confirm is due the end of Nov - Fri is the 29th. what happens if this is not done by the end of nov.? Sad thing is as I have gone into zombie mode trying to relearn my stuff, the papers and where they are here....... I found the articulate email I sent him some 12 weeks ago or so and I did my work he asked, gave him the case file decisions and where my heart lays as far as my ex.

    How can I make an offer to settle based on my ex's info is half missing, I have asked him since I am 100% aware that she purgered herself for her disclosure. One of the rare time I have spoken with that woman and she stayed "normal" I did say, "you know I have the copies for the bills for all the expenses of the house for the last five years - even giving her a huge benefit of doubt her numbers are easy 150-200% inflated - her pension calcs are wrong by more than double (I actually did call her pension people to help me with that one as it was split between pre marriage and during the marriage -------her answer? Yes I know the numbers are as you say, I only had two months in my name all the others were in your name so I can't use it or them? (so the two months were in the transition period weather wise creating high monthly bills and she multiplied those way high months by 6 to get the year and it is ok because my lawyer said so!!!

    So what is done when the other side's numbers are so out of wack high, my lawyer is missing most anyway and my side of things - he listed only a couple of items.... and I am supposed to make a valid live with it offer to settle in the next few days ---- I have been in tears for the last 3 months solid, multiply this by 5 or 10 with this last round of half done work - what does one do????? And I wonder why an emergency crisis meeting was set up for me ffrom last Thursday, 3 hours of filling out forms and these doctors came to me or my clinic instead of my going to hers "to make it easier on me - why, can't be embarrassed for her blunt honesty - and no time to beat around the bush. If a patient is rated from 1 to 10 - she says I couldn't even hit one!!! She is frankly very concerned and worried for where is sit today.

    I am setting up to speak with another lawyer this weekend in Toronto (family of the motel owners here that blew my mind earlier this year - I worry that I can't afford him - given what the young lawyer doesn't think is worth trying because I was sick, I went psychotic and the Ex had earned my full trust with my life - but she cleaned out the separate account and took the money without consent. I did the right things - she signed the bank power of attourney to "gurantee she will always act only in my best interest - stealing my future age 65 CPP shortfall savings (I need $135,000 in twelve years just to get a regular age 65 CPP pension amount that my ex has already earned - problem is I only had 8 of 24 years of employment income and that is not enough for CPP and they made sure we understood this - today she left $2.51 in my separate account taken all the last two years while I was beyond "sick" - I never had a chance then - I have no idea what I am going to do today let all the way in 12 years with a whopping $2 in my account.......... wonder why I am unstable????

  • #2
    My ex is a master of adjournments (although I think he has used up his fair share by now).

    Perhaps you can request an adjournment for 14 days?

    Wait and see what the TO lawyer has to say. He might be able to put something together in the next 7 days based on what already is contained in your file.

    Comment


    • #3
      Hey ddo . If you cant hold your lawyers hand and guide them you will run out of time and money. Keep your facts on quick to read and understand single pieces of paper and have them handed to the Judge. These are the only times your stressed out arguments will even be known about. No one cares about you except you . Lawyers and especially Judges just glace over our statements and waste time . Divorce is stupid, keep it simple and don't sweat the initial briefs we have to file to move along in the process, believe it THEY DONT CARE. lawyers are best to treated as puppets all there good for is filing briefs that mean very little. I self rept and was very successful but the paper work was boring and stressful . You have lawyer stop wasting time with this clown , as long as your briefs are remotely accurate ,wyou shouldn't even care . HAVE YOUR PROOF READY TO SHOVE INTO YOUR LAWYERS FACE SO HESHE CAN SHOW THE JUDGE AND YOU WILL HAVE AN IMMEDIATE RESPONSE. Right it down to remember the Js. opinion as your lawyer has forgotten it already. Good luck

      Comment

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