Lawyer wont give up the Decree. Why?!

[cocobunny]

What is the name of your state? ALABAMA

My exhusband took me to court in July to modifiy our divorce decree. The judge said she would sign off on the final papers.

I have yet to get the final papers and have called my lawyers office 2-3 times already. I'm getting "the run around". I called the courts but they refused to give me info and said to contact my lawyer.

What are my remedies at this point so that I may get a copy of the final judgement? And what would a lawyer gain from holding onto the final judgement??What is the name of your state?

[Dandy Don]

Modify it how?

I would suggest your put your request to your attorney in writing, and send it to your attorney by certified mail - return receipt requested.

I would also suggest you go to the court, ask to see the file (which is public record), and see if what you are looking for is in the file. You are entitled to review and obtain copies of anything in the file; they will charge you a per page fee for copying.

[stephenk]

How much do you owe the attorney for preparing the paperwork and/or other prior work the attorney has done? Even though it isn't kosher, some attorneys will hold off on filing paperwork until their bill is paid.

[cocobunny]

Thank you. This sounds like an excellent idea. As far as going to the courts...I'm in ohio, and my ex is in Michigain, so neither of us is near Alabama. But it will be worth the trip regardless.

Originally Posted by ISUE4YOU2

I would suggest your put your request to your attorney in writing, and send it to your attorney by certified mail - return receipt requested.

I would also suggest you go to the court, ask to see the file (which is public record), and see if what you are looking for is in the file. You are entitled to review and obtain copies of anything in the file; they will charge you a per page fee for copying.

[cocobunny]

Originally Posted by stephenk

How much do you owe the attorney for preparing the paperwork and/or other prior work the attorney has done? Even though it isn't kosher, some attorneys will hold off on filing paperwork until their bill is paid.

I paid the attorney money upfront to do the case. We discussed what my financial limits were and that if we were to reach that limit, he was to let me know, so that I could decide to settle out of court.

He said nothing about owing him extra money until the day of court. As we are walking in he is like 'BTW I need "X" more.' Which was waaaay more than we had talked about. And I told him upfront I didnt have that kind of cash on hand. --He looked kind of disappointed. I told him that once I got the settlement I would cut his right off the top.
(I feel cheated because I told him what my limit was and if we were to get near it let me know.....) Anyhoo he agreed to what I said. Well the settlement was nice and large in my favore, but I cant get it until the judge signs off on it. My attorney has never mentioned that my offer was unfair, and he said he understood. -- I guess he was a liar after all.