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Misrepresentation

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ssaint_gr8_1

Junior Member
What is the name of your state (only U.S. law)? NY

Is there a way to appeal a case and have new evidence submitted based on attoney misreprensation? If so can someone point me in the right direction.? Any help would be appreciated.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? NY

Is there a way to appeal a case and have new evidence submitted based on attoney misreprensation? If so can someone point me in the right direction.? Any help would be appreciated.
What kind of case (enforcement? establishment? modification?) and what kind of evidence? When was the case decided?
 

BL

Senior Member
What if I disagree with the child support order that is issued at the hearing?

If either parent disagrees with the support order, he or she has 30 days from the date
the order was made to file a written objection with the court clerk’s office. A judge will
review the case file and decide whether or not the order should be changed.


Not sure what you are getting at .

Explain ....
 

ssaint_gr8_1

Junior Member
I objected the magistrate. sent my pay stubs w/ the objection. Court can't take any new evidence. the "lawyer" i had totally misrepresented me. she didn't submit my paystubs or tax returns. She didn't submit the two orders; the one that stopped all current support or the judgment which established my arrears at a set amount. Every time i tried to tell her to press the judgment issue she ignored me. i figured that i would let the court look at my case, because i know i'm right about my case. Also on an earlier appearance i gave her a hand written copy of the way my account should have looked. Then i had my wife make a spreadsheet of the same, took her 2 days to get all numbers right, dropped the printout off to lawyer, and when we got into court the ONLY thing she submitted was my handwritten paper. That blew my mind that a lawyer would do something like that.
Anyways i got my decision from the judge yesterday and the magistrate was upheld because no new evidence can be considered. Am I bumming, or is there any legal recourse i can take. I am so frusterated w/ this i really want to know that our system isn't this messed up, but it is. thanks
 

BL

Senior Member
I objected the magistrate. sent my pay stubs w/ the objection. Court can't take any new evidence. the "lawyer" i had totally misrepresented me. she didn't submit my paystubs or tax returns. She didn't submit the two orders; the one that stopped all current support or the judgment which established my arrears at a set amount. Every time i tried to tell her to press the judgment issue she ignored me. i figured that i would let the court look at my case, because i know i'm right about my case. Also on an earlier appearance i gave her a hand written copy of the way my account should have looked. Then i had my wife make a spreadsheet of the same, took her 2 days to get all numbers right, dropped the printout off to lawyer, and when we got into court the ONLY thing she submitted was my handwritten paper. That blew my mind that a lawyer would do something like that.
Anyways i got my decision from the judge yesterday and the magistrate was upheld because no new evidence can be considered. Am I bumming, or is there any legal recourse i can take. I am so frusterated w/ this i really want to know that our system isn't this messed up, but it is. thanks
Were you in this hearing ?

If so why didn't you speak up to submit them ?

First ,whenever there is a modification hearing both side must submit their tax returns .The magistrate would /should certainly ask for them if they are missing .

Secondly ,you say there was in record prior orders about CS and a set amount .

Did you reflect those "In Record " orders in your objection .

Write a letter to the Judge for a reconsideration ( attach those prior " in record " orders and tax returns , and state your lawyer was handling your case and you told him /her to submit these important documents and he did not .

How much in the way of CS obligations difference was ordered this time as compared to the last , and how much different is you income(s) from last time .

That will give you an idea if you want to make a big deal out of this .

If your Lawyer truly misrepresented you , you can file an attorney grievance , but that agency does not require reimbursements even if wrong was found .

You'd have to sue the attorney .
 

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