Advice Please? This lawyer is playing dirty
[ Follow Ups ] [ Post Followup ] [ Credit Forum Index ]
Posted by MB
(24.193.86.201) on March 03, 2004 at 18:15:35:
I’m having a very hard time with this lawyer, and would greatly appreciate any advice on how I should proceed. I hope that it’s not contrary to etiquette, but I’ve posted this on a few boards. I owe a debt to Chase Bank, credit card. They appear to have sold it to someone else, and the lawyer got a judgment against me. He then found that I was listed as joint tenant with right of survivorship on my mother’s investment account. The money in that account is solely hers; in fact it was transferred from an account which was in her name only. We made this arrangement back in 1998 so that I would have the ability to issue orders concerning the account, and to avoid any family squabbles about a will, etc. We even made sure that the tax statements would reflect any P&L as hers alone. Nevertheless, the lawyer placed a lien on the account. Perhaps I’m wrong, but it’s my understanding that in NY State, I should be able to get the lien vacated by demonstrating that the sole origins of the funds in the account are my mothers. Is this correct? But here’s where it gets interesting, and where I think this lawyer is attempting to flaunt the law and even deceive the court. On January 31st, I was served with papers indicating that there would be a hearing on March 2nd, to determine whether these funds would be released to the plaintiff. I contacted a friend of mine, an attorney in DC (who unfortunately is not licensed in NY), and he did a little checking around on the status of the case. One of the calls he made was to the corporate attorney for the investment house where the garnished account is located. They were about to liquidate the account and pay the plaintiff, based on a court order issued weeks before the hearing. He submitted the papers showing that the hearing was scheduled for yesterday, and they are holding off for now. Long story short: The lawyer served me with papers showing that the hearing date was March 2nd, when in fact it had been scheduled for February 3rd! When I didn’t show up, he submitted a prepared order to the judge, asking that the funds be turned over. Judge approved. Only last week did I get a copy of that order mailed directly from the Judge’s chambers, and another copy from the attorney. When my friend, the DC attorney, called the plaintiff’s lawyer about all this, he claimed that it was a mistake, perhaps some sort of clerical error. And he wrote to the Judge asking that the “Order of Entry” be vacated, and stating that he’d agree to a March 12th date instead, also consenting to an adjournment from that date. Now here’s the thing. I can’t afford a lawyer, and no matter how much digging I do, I can’t find enough information on how to approach this whole thing pro se. The Judge’s law clerk says she’d like to resolve this in chambers as soon as possible, and that I had better get an attorney fast. Also, don’t I have a case against this attorney for what he tried to pull on those dates switches? I mean he claims it’s a mistake. But somehow he or his office knew enough to file for the turnover of funds after the “missed” court date, then send that directive to the brokerage firm, and a copy to me later. Any and all advice would be much appreciated. Thank you.
Follow Ups:
Post a Followup
|
