• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Stipulation and Judgment Order

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

B

Bite-back

Guest
This involves property in So. Calif., and a Stip/Judg Order in 1982 involving 3 lots that were ultimately ordered partitioned and split equally between two parties.

1. I was ordered to pay a sum of money
2. The defendant was ordered to produce quit-claim deeds for cancellation by the court.
3. We were to share equally in the costs to split the lots and effecutate the terms of the Stip/judg order.
4. and we were each to execute documents deeding our respective interest over to each other.
Problem:
1. I paid the sums but the attorney paid the defendant with out first getting the quit claim deeds for cancellation. Also the attorneys never filed the Stip/Judg with the court and I hired another atty who obtained the agreement and finally filed it with the court in 1984 (two years later).
2. I have paid all legal fees, professional partition fees, county/city application fees and still I am not able to get the defendant to execute his half of the deeds to complete the lot-split.
3. I have gone back to the original atty's who put the agreement together in a last attempt to get enforcement of the Stip/Judg Order but am getting nowhere.
I have done all I can do, spent all the money that I have, have lost several chances to sell my one-half of the property. Have been Offered $96,900K the defendant told my buyer he won't sign. The defendant wants me to sell the property to him for $40K and my first atty says I should probably take it.
How do I go about enforcing the stip/Judg order? I am so tired of trying to get justice, even if I could take the $96,900K offer I will never recoup my costs in trying to protect my rights. Anyone please help.
Bite-back
 


HomeGuru

Senior Member
As you are very much aware of, you have a complicated mess. Therefore, we are unable to help you here on this website.
Only an attorney that has thoroughly reviewed all your case files and completed a face-to-face meeting with you would be able to advise you further. There may even be a case of legal malpractice on the part of one or more of your legal counselors.
 
B

Bite-back

Guest
Thank you so much for responding HomeGuru. Yes it is a horrible mess! I hope you will respond once more.

1. I know that getting an atty to take a case on contingency will depend on its strengths, but would you know of any source for me to search where atty's lean toward this type of representation?

2. Also how does a person figure out if an atty is really up on the area (in my case real estate) of law?

3. I know it is difficult to try and straighten out someone else's mess, but I've had 4 atty's since the first one, and each of them took the case confident they could settle it. I flat don't know what I am suppose to look for when hiring an attorney.

4. I figured I would throw it back at my original atty (he wrote the agreement) and the defendants atty. But now he wants another 20K-30K to do what should have been done in the first place....I must have a lollipop stuck on my forhead! and I want it off! What do I look for and where do I find a sincere atty? I just can't afford to hire another atty who promises to get the job done and then delivers nothing, except for his monthly bills!

I know your time is valuable and I am just ranting, but any suggestions you can make as to where I start looking would be appreciated. I did access the Find an Atty List on this board, but there is no way to tell what area of law they specialize in, I need a Calif., atty, but live in another state. I know another mess. LOL

Again I thank you for answering my first post and will appreciate any suggestions on what I should look for in hiring my next atty.
Bite-Back
 

HomeGuru

Senior Member
Spend some time searching the internet and reading all the information that you can with respect to hiring a good attorney.
Contact the American Bar Association and the Association for Trial Lawyers of America. There are also other associations that provide this information as a public service. I have read what is available and you will find the information provided would be very valuable.
Just as in hiring any professional such as a medical doctor, architect/engineer etc., there are certain questions that you must ask. In the case of an attorney, you muts make sure that the person has education and experience in the field that will be practiced. Ask how many years in the field, how many cases worked on, if litigation; ask how many cases of the same type was won/lost, ask for references and call the references, do an attorney reference search to see their ranking, contact the State licensing office to see whether there was any disciplinary action filed in the past, ask if there is support staff such as other attorney's, paralegals etc., how will you be billed and will he/she take your case on contingency, ask if the person can handle a case where the client resides in another state..............
There is an attorney out there for you. You just have to find the right one.
Off the bat you need a real estate attorney experienced in the specific areas as stated in your initial post.
Good luck to you and keep us posted.
 
B

Bite-back

Guest
HomeGuru: Thank you so much for responding and the information!....am off to search, will let you know how I make out and will come back with more questions no doubt! :)
I wish you and yours, a very happy holiday season.
Bite-back
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top