affirmation in support of order.

[shedvll]

What is the name of your state (only U.S. law)? NY
Hi,
My name is April. My ex husband just retained a lawyer for the above. He is seeking to get money out of an escrow account. We are divorced. Have a Stipulation of Settlement. He is balking on what he should have done. But, wants the money anyway.
My question is how do I respond to this? This is with the Supreme Court of NY County of Suffolk.
I do not have an attorney and cannot afford one. If I read correctly, I can represent myself. Finding information on this has proved difficult. I did contact their help people there. Unfortunately, they do not do it over the phone.
Thanks

 

[You Are Guilty]

I presume you have an affirmation in support of an order to show cause, but if I am mistaken, let me know. In the meantime, here's some stuff to help you get started:

http://www.nycourts.gov/publications/GuideforProSes.pdf
http://www.nycourts.gov/litigants/justiceworks07.pdf (check out the "services for self-represented..." section)
http://www.nycourts.gov/courthelp/qa_familylaw.html

And while I wouldn't recommend you use them without learning on how things work first (i.e. head to the Islip courthouse and speak to the pro-se clerk's office!), some misc. forms can be found here:
http://www.nycourts.gov/courthelp/forms.html

Good luck.

 

[shedvll]

I presume you have an affirmation in support of an order to show cause, but if I am mistaken, let me know. In the meantime, here's some stuff to help you get started:

http://www.nycourts.gov/publications/GuideforProSes.pdf
http://www.nycourts.gov/litigants/justiceworks07.pdf (check out the "services for self-represented..." section)
New York Court Help -

And while I wouldn't recommend you use them without learning on how things work first (i.e. head to the Islip courthouse and speak to the pro-se clerk's office!), some misc. forms can be found here:
New York Court Help -

Good luck.

I am assuming it is an order to show cause as to why he should get what is in the account. Am assuming my next step would be a reply that should go to the court.
I wish I could head up to Islip and ask about pro se. I live in South Carolina. That was my next problem.
I will check out the sites you sent to me and see if I can get more information.
Thanks!!

 

[shedvll]

Also, one more question. Does it make a difference that I was not served these papers? His attorney served them to my ex attorney. She was recused (sp) 2 years ago.

 

[Bali Hai]

Also, one more question. Does it make a difference that I was not served these papers? His attorney served them to my ex attorney. She was recused (sp) 2 years ago.

Doesn't matter, an attorney that I fired was served in my case. The judge considered me served.

 

[You Are Guilty]

Also, one more question. Does it make a difference that I was not served these papers? His attorney served them to my ex attorney. She was recused (sp) 2 years ago.

That is probably not proper service. However, failing to timely answer, particularly without an attorney, is only going to open a whole new can of worms for you. (Plus, since you obviously did learn about it, it is entirely possible a judge would decide that you were served).

Anyway, what you need to do is put together an "Affidavit in Opposition" to the Order to Show Cause. The formatting is similar to the Affirmation in Support, with a caption up top, the index number, and a bunch of numbered paragraphs in which you refute the things he says in his papers. At the end, you sign, date and notarize it. You then make a copy, and send the original to the courthouse where the motion is pending, prior to the date listed in the order (the cover pages which have the judge's signature at the end).

One last question though - is the affirmation in support signed by a lawyer? (Only lawyers can submit Affirmations. Parties themselves have to submit Affidavits. Failure to do so is grounds to deny the motion for not following proper procedure).