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sonya hammans
Guest
i am in texas. my ex filed a motion for contempt. we had the trial. judge issued verdict 3 months later. my lawyer received judgement and the two lawyers supposedly went back and forth to agree what the judge actually wanted. apparently my lawyer wouldn't sign because my ex's lawyer thought one thing and my lawyer thought another. finally, i suppose my lawyer decided it was right. they sent it to the judge and he signed it. my lawyer then sent it to me. by the way i called him numerous times in the 3 months and he wouldn't tell me what was going on. anyway, when i received the papers i went over them and they were wrong. the dates and amounts didn't equal. i was found in contempt, and technically shouldn't have been, and they only had 10 offenses listed not all 2 years worth and exactly how much was due and how much was paid and the dates when due, and a few other things. i immediately called my lawyer and told him about the mistakes and questioned him. he looked over the papers and said that i was right and my only option was to file a fact and pleadings and a motion for new trial. which of course cost me more money and he wouldn't do anything until i paid him. i paid him, even though i didn't think that i should have had to. he filed the papers. i recieved a notice of a hearing on the motion for new trial. i went to that hearing and the judge was informed about the mistakes that both lawyers made and the mistake that he made against the texas family code. he said that he would have to reveiw it and would get back to us soon. he then went on vacation. now when i call my lawyer he says that he hasn't received anything from the judge. i then received another letter from the attorney and he is charging me more money for the hearing and says that if the judge doesn't grant me a new trial before 30 days from the date of the hearing that it will be overuled by operation of law. the only other thing i can do, and this is after i found the mistakes myself and ask him about it, is to file for the appeal. of course this will cost me about 5000 or more. and he wants me to pay him this before i find out if the judge is going to grant me a new trial. when i called and asked him about this, why? why would i want to pay him for the appeal before i even know if i will be granted a new trial, his legal assistant says that she will have to get him to call me. but he hasn't. i also need to know why i shouldn't be automatically granted a new trial, when i definitely didn't get a fair trial and after the trial there were judicial and lawyer mistakes, not aything that i had done or that i didn't like the outcome. isn't it the law that says i should automatically be granted a new trial? why should i have to pay 5000 or more to get an appellant court to make them give me a new trial? as you can see i'm going crazy over all of this. can anyone help? thank you for your time and i am sorry if i ran on too much.