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boggledmind

Junior Member
What is the name of your state?OHIO

I have a check made out to me and my ex-wife that she refuses to sign. She is due none of the money (escrow from original mortgage) which is easily proved. The check is for $650. When she first refused, I went to my attorney who charged me $200 for the meeting and letter to ex's lawyer. She still refuses to sign.

If I take her to small claims to either force her to sign or for the cash, can I also sue for the $200 I paid to attorney trying to get her to sign?
 


JETX

Senior Member
boggledmind said:
If I take her to small claims to either force her to sign or for the cash, can I also sue for the $200 I paid to attorney trying to get her to sign?
Can't happen....
Why?? Small claims court won't hear your case since they are for MONEY issues only.
And no, you can't charge her for YOUR attorney fees, since she is not a party to the cause of action.
BTW, you need to find another attorney. The 'normal' fees for a simple letter shouldn't be more than $50 to $75.

Your only recourse is:
1) To try to get another check issued SOLELY in your name (give them a copy of the WRITTEN agreement where she released any claim to the funds), or
2) Try to negotiate a 'signature' from her. Very likely it is going to cost you $$ to get her to sign.
 

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