Re: group....any thoughts????????

[Guest guest]

Forgot to tell you this is a form letter I would like to send to some Att. in

Ill.......

need some advice from the group..I have so much on my mind I cant think

straight!.

Thanks

Hello,

I have been trying to find someone to help for some time now but everywhere I

have called has been unsuccessful.

After my divorce of fifteen + years, that was filed in 98.(in the state of

Ill.) I'm finding that things were not filed the way I was led to believe.

I have several copys of divorce papers that I thought were the final ones but

while I was trying to get answers why things wernt done as I requested I

discovered the final papers were never sent to me.

The ones I got were diffrent than the ones I had and there were blank spaces

that were then filled in later with a pen,the final papers were very vauge and

the most important things wernt in the final divorce decree.

I never agreed to the terms in these papers and I never signed them either.

I was suspossed to continue to get the pension payment in the event of the

death of my ex-husband and the home we owned was to be sold and the money split

between us.

I just found out that in the event of my ex's death I wont get the pension

when I contacted the pension office when I recived papers to start getting the

pension finally after almost 6 months of no spousal support and they then said I

would have to appeal.

Every place I have contacted say I need to have a Attorney from Illinois and I

have no way to get to Illinois much less the money to hire another Attorney.

I'm 67,I have CMT, it is progressive and I'm in Wheel Chair. I don't drive and

now live in Minnesota.

My Attorney is very intimidating and frightens me, I'm to afraid to contact

him after he yelled at me saying (Look At Your Divorce Papers)and calling me

helpless the last time I talked to him.

I'm getting a small check from S.S. and I'm also getting the pension check for

the time being.

I don't know how to go about starting the appeal process and I so desperately

need help with that...There were other things as I said that were not followed

through with but this is the most worrisome for me as I wont have much of

anything to live on if I don't do something.

I don't have any savings but will gladly pay for your services if you can

except monthly payments.

I hope you can and are willing to help me, I will be forever grateful.

Thank You,

Geri Logan

[Guest guest]

Hello Geri:

Please  - Most Counties do have programs for people over 60 or who is disabled.

So I would call or go to your county department of ageing and ask if they have a

attorny you could see. Also call an attorny from the state you filed your papers

or your attorny who filed your papers and if he is not helpfull then file

acomplate against him/her with their state.

Good luck

Mark

 

[Guest guest]

Geri,

I do not know any lawyers in Illinois, but you could try calling the local bar

association for the county where you were divorced to see if they can recommend

an attorney who might be able to help. Let them know you have limited funds and

are disabled. There may be attorneys in that county who are willing to assist

for a low fee, or even who will assist pro bono. You should look on the

Internet, and find the court website and/or the bar association website to get

started. The new lawyer will undoubtedly begin by obtaining a copy of your old

lawyer's file.

In the meantime, you could send your old attorney a letter and state exactly and

clearly what the issue is and ask him if he received a copy of the final papers

and let him know they were never forwarded to you and that you did not agree to

the terms set forth in the papers. You can ask him for an explanation and you

can also request a copy of your old file, although he may require you to pay

copying charges.

In California, it is very difficult (I might go so far as to say impossible) to

appeal a matter where judgment was entered ten years ago, especially if you were

represented by an attorney during the process. I don't know the law in

Illinois. I think you need to find out up front if there is any remedy for you

to pursue, before you pay an attorney. Your remedy may be against your former

attorney, if he did not properly represent you, but most states have a statute

of limitations on malpractice claims shorter than ten years.

I wish I could be of more assistance and I wish I had better news.

J. Warren

[Guest guest]

Geri,

Resources for you.

http://www.lasnem.org/DNN/

http://www.lawhelpmn.org/MN/index.cfm

http://www.mnlegalservices.org/

http://www.midmnlegal.org/RTF1.cfm?pagename=Legal%20Aid%20Society%

20of%20Minneapolis

Gretchen

>

> Geri,

>

> I do not know any lawyers in Illinois, but you could try calling

the local bar association for the county where you were divorced to

see if they can recommend an attorney who might be able to help. Let

them know you have limited funds and are disabled. There may be

attorneys in that county who are willing to assist for a low fee, or

even who will assist pro bono. You should look on the Internet, and

find the court website and/or the bar association website to get

started. The new lawyer will undoubtedly begin by obtaining a copy of

your old lawyer's file.

>

>

> In the meantime, you could send your old attorney a letter and

state exactly and clearly what the issue is and ask him if he

received a copy of the final papers and let him know they were never

forwarded to you and that you did not agree to the terms set forth in

the papers. You can ask him for an explanation and you can also

request a copy of your old file, although he may require you to pay

copying charges.

>

>

> In California, it is very difficult (I might go so far as to say

impossible) to appeal a matter where judgment was entered ten years

ago, especially if you were represented by an attorney during the

process. I don't know the law in Illinois. I think you need to find

out up front if there is any remedy for you to pursue, before you pay

an attorney. Your remedy may be against your former attorney, if he

did not properly represent you, but most states have a statute of

limitations on malpractice claims shorter than ten years.

>

>

> I wish I could be of more assistance and I wish I had better news.

>

> J. Warren

>

[Guest guest]

Geri,

A similar thing happened to me as far as papers that were

different from my understanding, sneakily being filed by my ex's

attorney. I was in the process of changing lawyers and he buried the

legally required notice of filing in boxes of paperwork sent to my

new lawyer. I was shocked when I went to pick up my children at his

house, was denied and although the judge (I had transcripts) had

specified that I was to have them when I thought I did, the papers

that were filed didn't reflect that.

The fact that I had not signed made no difference, my lawyer never challenged

the filing despite legal notice. (I didn't blame her, it was a deliberate trick

by the other side).

My only recourse was to go back to court to rectify the slanted version. It was

VERY expensive, stressful and painful. You

absolutely need another lawyer if yours intimidates you so -- on the

other hand, if you can get over that, an intimidating lawyer is

great, he probably intimidates everyone else too!

If legal notice was made of filing and your lawyer missed it, he kind of owes

you one and if ethical should work hard to fix things for you. He may still

charge you. If no notice was given you may be able to reverse thing on those

grounds, though Ill. law may be different from CA.

If you can't work with your lawyer, most courts have a legal aid

department for those who are in a position not to be able to afford

the big guns. Those folks can be great, but you may need to be much

more of an advocate for yourself. Learn about the law and be strong.

You may actually decide the case is too shakey or not worth the gain

compared to the expense (not only in money but stress exacerbating

the CMT). It's ok to make a decision to drop it even if you're

right, after examining all the options.

Good luck,

Holli

[Guest guest]

Mark,

Thank you......I did ask my divorce Att for help...and he called me

helpless...my divorce was ten years + ago. I didn't know that he didn't file

properly for me in the event that my ex husband died. Minnesota won't handle it

because it was in Ill.....Ill. won't handle it because it was ten yeas ago and

keep sending me back to my old Att. that does nothing. I can't get help from

legal aid because my son lives here helping me and they count his income!

It's like a no win......and I wonder how can people get by with this stuff. What

good does it do to report a bad Att? Nothing is done how does that help me? He

is about ready to retire or be disbarred as it is...He could care less!...

Geri

[Guest guest]

Take it back to court.......The judge and my attorney are very good friends. I

did send an email to my attorney as well as the judge what good it will do?? I

have to see.

There is no way I can travel to another state to fight this and don't have the

funds to get another attorney.

Legal Aid wont help me in this state I'm in and the state the divorce took place

wont help either because my son livers here and helps me and they count his

income.

Geri

[Guest guest]

Hi,

I live in Sweden, but in cases like this, when a person can't travel, hire

attorney or other such things, it is the society that helps. You get an

assistant and the assistant does these things for you. In case you can't get an

assistant, ask a friend or relative. In case this is not possible either, you

might become a member of an organization for disabled people and get help via

them. My advise is: Don't do this yourself, ask someone to look into this case

for you!

Beata 

[Guest guest]

Hi Beata,

 

That's a great idea.  She can give power to someone else to represent her and

travel on her behalf to get this resolved, if that becomes necessary.

 

Someone else recommended looking for legal aid resources in the original State. 

I believe it was Illinois.  I did a quick search and came up with this list

within a couple of minutes by searching words such as:  legal aid, legal

advocate, pension rights, legal aid online, pro bono, etc...along with

illinois.  (If I got the State wrong, I apologize, by the concept would apply to

any US location.)

 

http://www.pensionrights.org/help.html

 

http://www.illinoislegaladvocate.org/

 

http://www.illinoislegalaid.org/index.cfm

 

http://www.illinoisdivorce.com/legal_resources.php

 

http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_Content & contentID=3\

07

This is too important to just let it go.  I would invest the time in making a

lot of phone calls to these types of organizations until you can get someone to

help you.

 

[Guest guest]

Beata:

Very true. There are a variety of organizations that can assist even if they

are not labeled as " disability ones. " In Bridgeport, CT, where I live, we have

a special number we can call that can link us to all the different facilities

that can assist me or any other of my family members.

Marin

[Guest guest]

Geri, it seems to me that you have already done what I recommended,

which was to look at all your options and decide whether or not it was

worth pursuing. -- Except, I don't think you've come to terms with

what that decision should be. For every suggestion, you have told us

all that that won't work. I know it's hard when you are in the middle

of it and you are upset and stressed out, but you have to take 3 steps

back and look dispassionately at the facts.

1. The court filing went unchallenged for >10 years.

2. Your lawyer is uncooperative and refusing to help you.

3. You now live in a different state and neither state will cooperate

with reopening the case.

4. You are not entitled to legal aid because of your son's income.

5. I assume your son can't or won't help financially on this issue.

6. In reality you can't afford an attorney despite the legal aid rules.

Did I get all of that correct? Sometimes it takes someone not in the

thick of it to see the forest for the trees. Looking at that list

unemotionally, I see two options: A. Drop the whole thing and live

with the situation as it exists now due to the papers that were filed

over 10 years ago; or B. Sue your original lawyer for malpractice.

If the money is a serious need and will greatly impact your standard

of living, I'd go with B. It seems that the battle you're currently

fighting has been dead a long time and it is time to let it rest.

Suing your lawyer for malpractice may be the way to regain what his

inattentiveness lost you. Most lawyers should take that case on as a

contingency, meaning they get paid a percentage of what you win, if

anything. (you get $0, they get $0). So the problem with not being

able to afford a lawyer goes away. I don't know if you have a case or

not, most lawyers will give you a free 30 minute consult to decide

whether to take your case on. (My advice, don't spend the consult

dwelling on how upset you are and how screwed over you feel, but just

clinically laying out the facts.)

If you can at all survive without fixing this, I'd choose A. I am

hearing in your posts that you are extremely upset and stressed out.

You feel that life hasn't been fair and that everyone is against you.

I think it would do you a world of good (not to mention stop

exacerbating your CMT) if you could just let it go. It would be

amazing to just focus on today, take a nice hot bath, read a good

novel and let it disapear. The stress is costing you more than the

money.

Just my 2 cents, take it for all it's worth.

Holli

[Guest guest]

Holli,

 

That's great advice!  I've had to follow " step A " many times myself.  It isn't

easy, but when the cost physically and emotionally exceeds the benefit

financially, I've had to just let go of it.  Some things are much more valuable

than money.  Once I let go, I feel better within a day or two, especially if I

can get a good night's sleep.  After that, there's the challenge of controlling

my thoughts to not allow myself to 'revisit it' and get upset again.  Quickly

reminding myself of why I made the choice and then doing something else, usually

helps.

 

[Guest guest]

Thank you ..some of these I have already called and didn't get any help. I

will try some of the others.

For some one to travel for me is out of he question, that takes money! Besides

where would one start? Travel to Ill. then what?

I have already called Legal Aid they will northelp me...I have called the about

my pension rights and said I have to appeal I have not tired pro-bono but I

think they have to be from the same county.

I wrote my divorce at. and he didn't answer, I also wrote to the judge and

didn't get any help either. Some have suggested to sue my divorce att..so

tempting but guess what, my att has been reported before for misconduct(many

times) and has slipped out of it. He and the judge are very good friends. I

think other att. are afraid. the mix is very powerful.

I'm still trying! Thanks for trying to help me.......your a God Send!

Blessngs

Geri

[Guest guest]

Holli,

My son will help me but for one I can't find one and for another. Neither one of

us has a savings.

Would you just let it go if you had payments coming to you? and would you be

willing to live on nothing?

I don't think many of us would.

Besides yes it has been 10 years but I had no way of knowing that I wasn't

provided for until it was time for my ex to retire. Pension rights don't give

out that info until one puts in for retirement.

Geri

[Guest guest]

Hi Geri,

 

Another option might be to call the county court house where you used to live

and see if you can find a kind-hearted clerk who can give you some direction on

any public organizations that may be able to help or even some law firm names

that have a good reputation for helping out those in need.

 

I also like Holli's suggestion of contacting non-involved attorneys in the area

who might be willing to work on a contingency and give you a free 30-minute

consultation upfront.  Perhaps your ex-spouse should be named in the case too,

in addition to your attorney and his!   And maybe even his employer, for not

notifying you or having you signoff on the change.  A good attorney will help

you figure out the best strategy, leaving no stone unturned.

 

The idea of assigning power of attorney to someone to represent you would be

helpful if you were going the self-help route and you needed someone to help you

file paperwork.  For example, if you have an old friend or relative in your

Illinois neighborhood, perhaps he/she would be willing to help you

file paperwork, subpoenas, etc., so you don't physically have to travel there.

 

But...since there is so much at stake for you, it's probably better to get an

attorney.  They may take a percentage of the pension if you win, but getting

something is better than nothing and they may be able to get enough in damages

to make up for it.  It doesn't hurt to try...as long as you are doing ok

emotionally and this isn't costing you your health. 

 

Keep persevering...perhaps just make a couple of phone calls a day...maybe draft

a letter and email or mail it to different attornies in the area who you believe

may be able to help.

 

As another alternative, you can take your story to the local news in the area

and ask for assistance.

 

Someone also mentioned employer resources.  If your son is working, they may

have an employee assistance program (EAP).  Some of these programs offer a one

hour free legal session.  Others have online resources.  It might be worth

checking it out.

 

Since this is something that could consume you emotionally and

physically...maybe you should set a time limit...like 1/2 hr or 1 hr...that you

will work on it each day...and then try not to think about it the rest of the

time, so you can stay healthy.

 

I wish you much luck.  My hope is that justice will prevail in your situation.

 

[Guest guest]

, Thank you so much...........

Geri

[Guest guest]

Geri,

Well, then, sounds like you should sue the original lawyer for

malpractice and recoup what you should have gotten if he had done

his job competently. It seems the money is important enough to fight

for, if it is that or living on nothing. I am not saying that you

should follow my advice, just that if you lay it out and look at

what the realities are, there are only a couple of ways to go. You

need to decide which way is right for you, not us.

Holli

[Guest guest]

Geri,

What county in Illinois did your divorce take place in?

You might have a civil case for fraud against one or both attorneys and/or your

ex husband. Only an Illinois attorney will know for sure. The statute of

limitations for fraud usually runs from the time you knew or should have known

about the conduct. I think you have a reasonable argument that you had no way

of knowing before the pension payments were payable. If you do have a cause of

action for fraud, you might find a civil attorney who is willing to represent

you on a contingency basis.

J. Warren

[Guest guest]

Thank you .

I'm so glad you understand what I have been trying to say. I didn't know !!

Until my ex retired! and I had no way of knowing!

Thank you so much!

Geri

[Guest guest]

Thanks Holli,

Oh yes. I'm going to fight it!

Raised his boys, took care of his disabled friend, bought two business that he

failed in, bought our house that he is still in (wasn't made to sell) that was

in the court order. Was not on time with alimony!

Yes! I'm mad! Then to find out if something were to happen to him my lawyer

didn't see to it that I got survivor benefits!

Blessings

Geri.......men don't always get the shaft in a divorce!LOL