Summons from my Attorney

[hdl123456]

What is the name of your state? NH
we started divorce in Dec. 1999 in MA. That time I hired an attorney to handle my case. I paid him $500 w/ a check. I told him that all I could afford. He took the case. The divorce was settled on 4/1/20000. Then I moved to CT. This past summer(4/2005), I received a summons from a MA court stating that we (defedents both me and my Ex) owe my attorney about $3300. This summon was forwarded to me from my old landlord ~ two weeks after the expiration date. The expiration date was 3/28/05. I responded on 4/20/05. Since then I received several letters called for Management conference from my attorney. Since I lived too far from MA I didn't go. Today I got the court record of this case and saw about 37 entries dated from 2/1/05 to 11/21/05.

On 6/7/05, Default entered against D01-my name),
on 11/21/05, Default entered against D02 - my Ex name.
Last entry on 11/21/05: Case inactivated: No future events scheduled.

My questions:
1) Does this mean - we do not have any other choice except paying the bill.
2) whom the court will go after, me or my ex? since we live in different states(she lives in MA, I live in NH)
3)Last entry-what kind of event will possibaly be scheduled next?


Thanks in advance.

[Litigation!]

Originally Posted by hdl123456

What is the name of your state? NH
we started divorce in Dec. 1999 in MA. That time I hired an attorney to handle my case. I paid him $500 w/ a check. I told him that all I could afford. He took the case. The divorce was settled on 4/1/20000. Then I moved to CT. This past summer(4/2005), I received a summons from a MA court stating that we (defedents both me and my Ex) owe my attorney about $3300. This summon was forwarded to me from my old landlord ~ two weeks after the expiration date. The expiration date was 3/28/05. I responded on 4/20/05. Since then I received several letters called for Management conference from my attorney. Since I lived too far from MA I didn't go. Today I got the court record of this case and saw about 37 entries dated from 2/1/05 to 11/21/05.

On 6/7/05, Default entered against D01-my name),
on 11/21/05, Default entered against D02 - my Ex name.
Last entry on 11/21/05: Case inactivated: No future events scheduled.

My questions:
1) Does this mean - we do not have any other choice except paying the bill.
2) whom the court will go after, me or my ex? since we live in different states(she lives in MA, I live in NH)
3)Last entry-what kind of event will possibaly be scheduled next?


Thanks in advance.

My response:

You'll be hearing the phrase, "Writ of Execution" a lot in the next few months. Then, you'll see property gone, and bank accounts drying up.

Good luck. You're going to need it.

IAAL

[hdl123456]

I was laid off about a year ago and currently struggle to pay child support(CS). I don't think the 'wit of execution" (or whatever the term they use) affect me until I find a new job. I have closed my bank accts and get some cash in hand to ensure CS and all my bills being paid on time.
Just feel pity for my ex. She may have to pick up the payment of the $3300. She have two houses (lovely divorce settlement) in MA with equit over $600,000 and another $280k in stock or bank acct(according to her financial state filed for CS adjustment). She can afford but I don’t think it’s fair to her because I hired this attorney for myself.

Questions:
1) Is it legal my attorney put her as defedent #2 and go after her for the bill? (he was hired by me during the divorce)
2)Any thing she can do to change this? Can she repeal the default entry or whatever they call it?

[Chien]

You're not telling us much about about the final terms of the divorce. I only mention that because both you and your ex are asserted to be liable to "your" attorney. One might infer that you agreed to the same attorney representing both of you or that a divorce decree made her jointly liable for all expenses. Either is a questionable choice but not the problem(s) that concern you.

Q. Does this mean - we do not have any other choice except paying the bill?

A. That appears to sum it up - voluntarily or involuntarily - or figure out if you qualify for bankruptcy.

Q. whom the court will go after, me or my ex? since we live in different states(she lives in MA, I live in NH)

A. There is no reason that the judgment creditor (the attorney) will not go after you both. You're closer and may be easier.

Q. Last entry-what kind of event will possibaly be scheduled next?

A. Nothing at this point. That simply means that a final judgment has been entered at the trial level and no notice of appeal or other procedural mechanism has been filed post-judgment.

As an additional point of information - to state the obvious - you didn't help yourself at all by ignoring the "management conferences". Doing so meant you were completely uninformed about proceedings that you might have affected to your benefit.

[hdl123456]

Thanks Chien for your kind and knowledgable comment.

My last question:

Can she appeal?

Thanks

HL

[Chien]

She may have passed the time to file an appeal, but she may have a shot at vacating the judgment. That will depend on if and how she was served, and you'll have to review the court file to determine that. (They may have operated on the premise that the two of you were "abiding together" and claimed to serve her when they served you.

If she wasn't properly served, she didn't get notice. That offers a basis to vacate the judgment. If she vacates the judgment, it just means that the case starts over with respect to her.

If the case starts over with respect to her, we don't have enough information to even speculate whether she would again be found liable.

If liability will be found sooner or later, my advice would be to try to get into settlement discussions now and skip the intermediate steps.

If she has a valid defense to liability, try to vacate the judgment. But there are enough assets at stake that she should retain counsel at this point - either to defend or negotiate settlement.