Help Marine in Iraq

[slaveofthegov]

Let's see what YOU advised someone a few days ago:
Quote:
Originally Posted by slaveofthegov
What I would do is go to the JAG office and have them put you in touch with either the DOJ or the Attorney General's office. I have a link to the JAG website which has an extensive review paper on the SSCRA. It is pretty heavy reading in some spots but should be helpful. I will post the link and applicable quotes just as soon as I find it.
I am not a lawyer!!!!!!


Yes I did post that, but I fail to see how the SSCRA would apply in this case? Maybe you could enlighten me? The SSCRA applies to debts accrued prior to military service does it not? The SSCRA has no relevance to this case!

 

[rmet4nzkx]

Let's see what YOU advised someone a few days ago:
Quote:
Originally Posted by slaveofthegov
What I would do is go to the JAG office and have them put you in touch with either the DOJ or the Attorney General's office. I have a link to the JAG website which has an extensive review paper on the SSCRA. It is pretty heavy reading in some spots but should be helpful. I will post the link and applicable quotes just as soon as I find it.
I am not a lawyer!!!!!!

Yes I did post that, but I fail to see how the SSCRA would apply in this case? Maybe you could enlighten me? The SSCRA applies to debts accrued prior to military service does it not? The SSCRA has no relevance to this case!

This is what separates the people who read from those who only read what they want.
If you go back to post #4 you will find that not only did I make reference to NC domestic relations law, which has some unique aspects insofar as "separation" but also the link to SSCRA, even printing out the text of the applicable information in BOLD type, SSCRA applies to more than just credit situations.
"I am sorry your son is going through domestic difficulties while serving our country in Iraq and no I don't need to see all the emails, he needs to contact JAG and follow their advice re the POA and also learn about the Soldiers' and Sailors' Civil Relief Act
http://www.dod.mil/specials/Relief_Act_Revision/
"Another significant protection under the act relates to civil proceedings. Service members involved in civil litigation can request a delay in proceedings if they can show their military responsibilities preclude their proper representation in court. This provision is most often invoked by service members who are on an extended deployment or stationed overseas. "I would recommend a service member contact the unit or installation legal office immediately if they receive notice of court proceedings against them," Lindemann said. "Civil court proceedings can involve very complex issues and no one should do anything, including requesting a stay of proceedings, prior to seeking legal advice.To learn more about these or other provisions of the Soldiers' and Sailors' Civil Relief Act, contact your unit or installation legal assistance office (JAG)"

Please know what you are talking about before giving advice, no matter how well intended in the future if you refuse to read the referenced links to the law.

As BB pointed out, OP has been advised several times, what to do and until that is done, they have no dog in this fight and may even adversely affect their son's case about which they know less than they think.

 

[HomeGuru]

Good follow-up response.

 

[rmet4nzkx]

Good follow-up response.

Thank You HG!
It was difficult to refrain from saying something less PC. (I hate PC BTW!)

 

[leapfrog226]

First of all, thank you everyone that replied with constructive advice.

Communication is back up in Iraq and there was a new POA drawn up and the wife's revoked.

Second of all, a NC attorney has been retained and a lawsuit is now in the works against his wife because she acted out of her scope of duties as an attorney-in-fact because the AIF is not allowed to personally gain from any transaction he or she may complete on behalf of the principal of the POA.

I certainly hope this post will benefit and serve as a lesson for all service members facing similar situations.

 

[rmet4nzkx]

First of all, thank you everyone that replied with constructive advice.

Communication is back up in Iraq and there was a new POA drawn up and the wife's revoked.

Second of all, a NC attorney has been retained and a lawsuit is now in the works against his wife because she acted out of her scope of duties as an attorney-in-fact because the AIF is not allowed to personally gain from any transaction he or she may complete on behalf of the principal of the POA.

I certainly hope this post will benefit and serve as a lesson for all service members facing similar situations.

When was this new POA drawn up? Today perhaps?
Ever heard of ex post facto?
You can retain an attorney and sue for what ever you like, it doesn't mean that you will win or that you even have grounds.
If your son doesn't have money for his bills, who is going to pay the attorney?
Your son still needs to contact JAG see post #4 for details.
Even if the existing POA was revoked and a new one issued and only now appears, that doesn't mean that actions taken as POA by the wife were not done in good faith. And since no papers have been filed she is not doing anything illegal managing marital assets, certainly no different than the son did by not placing her on the title to the motorcycle in the first place.
No mention of SSCRA leads me to believe that you are still making claims for which you have no foundation.
You can agree or not with the advice, but it is your son who will suffer because you failed to listen.