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User Topic: court pt 2... advice needed
survivor_kh
Member
Member # 33738
Default  Posted: 11:40 AM, April 9th (Tuesday)

since x has an attorney should I worry about my ability to defend myself? $800 is such a small amount of money that its unlikely I will find an attorney worth my time. I would spend more on paying for representation than what I would gain from winning this lawsuit.

again to recap: x cashed an esxrow refund check without my signature and it was strictly cut because . I refinanced the house. all of the money in escrow was money that I paid in to it by myself for taxes and insurance. Chase cut the check because the loan was paid off by me. In fact, I have letters from them stating the documents I needed to submit for them to reissue the check in my name only, but douche cashed it before my request was completed.

anyone habe any ideas? what can I expect him to argue against my claim? can I handle this on my own? anyone with a similar experience?


Surviving is important, thriving is elegant- Maya Angelou

you is kind, you is smart, you is important


Posts: 297 | Registered: Oct 2011 | From: Indiana
Crescita
Member
Member # 32616
Default  Posted: 12:04 PM, April 9th (Tuesday)

Maybe get a free consult and see if you have a chance of getting legal fees paid. Be a good reminder to him that there are consequences should he feel inclined to pull something like this in the future. Even if a lawyer doesn't find your case worthwhile, you could probably get some pointers for going it alone.

Posts: 3399 | Registered: Jun 2011 | From: The Valley of the Sun
thebighurt
Member
Member # 34722
Default  Posted: 12:24 PM, April 9th (Tuesday)

I don't know the whole story. Was the check made out in both names? If he or someone else signed your name, that is forgery. Have you talked to the police?

I agree about getting a free consult. Worth a try.


Finding what life could have been....... Why didn't I see it?

Posts: 2337 | Registered: Feb 2012 | From: the Other Side
UndecidedinMA
Member
Member # 33732
Default  Posted: 12:54 PM, April 9th (Tuesday)

Did you pay out of a solo acount or a joint account? If solo bring all your documents, canceled checks etc, he may be banking on saying it was from ajoint account he contributed to.


ME - BSO
Him - FWSO
OW - DBC Xwife
DDAY 09/14/11 ONS w/DBCxWOW with 4 mos EA
Solidly in R

Posts: 1005 | Registered: Oct 2011 | From: MA
Sumrlady
Member
Member # 4355
Default  Posted: 7:17 PM, April 9th (Tuesday)

Shouldn't this be handled in Small Claims Court, where no lawyers are allowed?


Twenty years from now you will be more disappointed by the things that you didn't do than by the ones you did do. So throw off the bowlines. Sail away from the safe harbor. Catch the trade winds in your sails. Explore. Dream. Discover-Mark Twain

Posts: 3138 | Registered: May 2004 | From: N. California
survivor_kh
Member
Member # 33738
Default  Posted: 3:00 PM, April 11th (Thursday)

the check was made out to both of us. someone cashed it with only his signature. since he didnt forge my name theres no criminal offense on part. theres no bank stamp so no way to tell who did it. I paid all payments from my own checking account. he has little proof of any funds that he has put into the property at since we purchased it (just a few months afterwards he moved out and I made payments from that point on from my own account.)

at the advice of a judge friend I was working with chaee mortgage and submitted documents requested to get the check reissued in my name only, but he cashed it before request was processed.

I filed with small claims. he showed up with his wife and lawyer, who offered me half. I declined so a court date is now set.


Surviving is important, thriving is elegant- Maya Angelou

you is kind, you is smart, you is important


Posts: 297 | Registered: Oct 2011 | From: Indiana
survivor_kh
Member
Member # 33738
Default  Posted: 3:10 PM, April 11th (Thursday)

also he argued that he paid the taxes for 2011 which was 335 dollars, but I let him keep the refund of about 175, so theres only a difference of about 80 bucks or so that he actually paid over his part. everything he says so crazy.

hes saying that I kept the house because agreed to go back my maiden name, which we discussed, not in refernce to the house at all, amd I never gave him a definite answer. never agreed that I would do that if he gave me the house ya know?

thirdly he feels that he has a right to half of this refund because he signed over all interest in equity. but correct me if I am wrong, how much equity does one really forfeit after owning a property less than 2 years? also he cant just stake claim in money from something he didnt pay into just because he deels like he gave up something else right?
at this point no counter suits have been filed against me.

my head is spinning trying to get a grip on the crazy.


Surviving is important, thriving is elegant- Maya Angelou

you is kind, you is smart, you is important


Posts: 297 | Registered: Oct 2011 | From: Indiana
lieshurt
Member
Member # 14003
Default  Posted: 3:36 PM, April 11th (Thursday)

theres no bank stamp so no way to tell who did it.

If the check didn't have the correct endorsement, then it could have been returned. The issuer of the check could have had their bank return the check for a missing endorsement. There would have been some paperwork you would have had to sign confirming you didn't receive the funds. I believe there is a 3 year period that the check can be returned.


Choices, Chances, Changes.....You must make a Choice to take a Chance or your life will never Change.

Posts: 13772 | Registered: Mar 2007 | From: Houston
survivor_kh
Member
Member # 33738
Default  Posted: 3:52 PM, April 11th (Thursday)

I talked to chase bank (who issued the check) and they told me that the check cleared?


Surviving is important, thriving is elegant- Maya Angelou

you is kind, you is smart, you is important


Posts: 297 | Registered: Oct 2011 | From: Indiana
lieshurt
Member
Member # 14003
Default  Posted: 3:56 PM, April 11th (Thursday)

It doesn't matter if it cleared. In fact, it has to clear in order for them (the bank the check cleared on) to be able to return it. Otherwise, the issuer could have just put a stop payment on the check and reissued.


Choices, Chances, Changes.....You must make a Choice to take a Chance or your life will never Change.

Posts: 13772 | Registered: Mar 2007 | From: Houston
homewrecked2011
Member
Member # 34678
Default  Posted: 7:42 PM, April 11th (Thursday)

BE BOLD, maybe he won't mess with you in the future! Go to a free consult with atty. It's hard to stand up to ur X, but I have a feeling if you will stand up now (win or lose) that you will appear to be a stronger person in his eyes and maybe he will leave you the hell alone in the future!

You might want to PM catwoman I think she knows alot about this legal stuff.

I will tell you my friend had a rent house and a bad tenant. The tenant ruined house and asked for a jury trial!! My friend represented herself and still won!


me BS 52
him - 46
married 15 years DIVORCED 10 31 12
children - ds15 ds12
d-day 12-19-11
I gave a 24hour ultimatum then went to attorney next day
Divorce filed

Posts: 2147 | Registered: Jan 2012
Topic Posts: 11