mercredi 26 octobre 2016

Divorce: Eviction Summons Because My Spouse Isn't Paying the Rent

My question involves landlord-tenant law in the State of: New Jersey

My spouse is under signed and agreed court order to pay the rent. The agreement was signed by her, me, her attorney, my attorney and a judge in 2015. She stopped paying the rent in September 2016, falsely claiming that we have a verbal agreement for me to pay the rent. Her attorney wrote up a document and sent it my attorney for me to sign. The document states that I will pay the rent. I absolutely refuse to sign it, agree to other things in the document or pay the rent. My attorney and the judge won't sign it either. The document is entirely of the opposing counsels own invention. Nonetheless, my spouse and her attorney go on and on about how we have an "agreement", even going so far as to file a 50+ page motion to try to get the court to force the 3 of us to agree. No joke, they just forced us to pay $5000+ in legal fees and days of missed work in an effort to try to get us to agree to something we will never agree to. I already have to pay for our children and setup a new household. I cannot pay the rent on an additional home, especially when my spouse changed the passwords on our accounts and refuses to give me access to our funds.

The problem is my attorney lied in court in Somerset County, NJ with Judge Anthony Picheca. He didn't object or correct the opposing counsel when opposing counsel said who will pay for what. Opposing counsel doubled up his mistakes, hoping my attorney would only correct one of them, which is exactly what happened. Opposing counsel flip flopped between numbers, deliberately stating one number wrong, then correcting himself, other times leaving things wrong or omitted. All this is on the court transcript. During negotiations earlier that day my attorney came totally unprepared. He basically just sat there, occasionally scribbling notes on on some paper while letting me defend myself. Since he refused to check our income and expenses, had no idea what the issues were and acted as if he had just discovered this case for the first time, I just let the opposing counsel keep talking since my attorney didn't want to do anything. Opposing counsel and his client both objected to leaving to room so that I could talk with my attorney in private so we were never able to develop any kind of common ground. I agreed to try to create a new agreement and agreed to go to lunch.

After agreeing to go to lunch I again told my attorney what I didn't agree to and what has to be changed. He refused to hear it and just kept insisting that we had an "agreement", meaning what the opposing counsel said, and that we couldn't change it. I suggested that we go to lunch because we had to eat, appear in front of the judge at 1:30 pm and go back to the conference room to try to form an agreement. My attorney responds that "we're not going back in there", stated that "we're done", that we had an "agreement" and didn't want to go to lunch. It's apparent that he didn't want to be there at all so I thought we would just address things later. I told my attorney that I am not able to do everything the opposing counsel stated I had to do. My attorney's response was "well you're going to have to". Unbelievable. All this happened in just a couple of hours one morning, suddenly both my attorney and opposing counsel claim that I agreed to abandon my children and pay for a vast array of new expenses amounting to tens of thousands of dollars. It didn't matter how many times or how many things I specifically told my attorney that I didn't agree with and, as I mentioned, my attorney refused to calculate income and expenses to determine how our funds should be allocated.

My attorney then goes on "vacation". I put it in quotes because I am very skeptical about this. After many, many emails to my attorney to try to form a workable agreement, he sends me a Consent Order that only the opposing counsel has written, over 30 days after they started pretending as if we had a verbal agreement, without any input whatsoever from me or my attorney and demands that I "advise immediately" if I will sign it. Of course I refuse. My attorney makes sure to never respond to the emails in which I wrote that I did not agree to many things in the Consent Order. Instead he writes entirely new emails or responds to other emails that aren't directly related to not agreeing to opposing counsel's demands.

My attorney doesn't acknowledge or respond to me, opposing counsel or the court. He's then ordered to pay opposing counsel's fees when he is ordered to appear before the judge to find out why we don't have an agreement and why he isn't responding to the court. My attorney acts totally baffled as to what I want in the agreement, repeatedly asking me what I want in a very annoyed way, even though it's all written in the emails I sent him. He acts as if he hasn't read anything! Opposing counsel is made aware that my attorney is, again, unprepared. He states that he can't wait around while I let my attorney know about the case.

Now there's an eviction proceeding. Opposing counsel and spouse are still pretending as if we have an "agreement". It doesn't matter how many times I say that I don't agree, they just keep insisting that we have an agreement. Opposing counsel knows that my representation was totally useless and is trying to take full advantage of it, pulling in enormous fees for himself and steadily dragging out this legal process. I have a new attorney, but now the costs have soared to such a degree that my spouse now doesn't have the funds to pay for everything without taking funds out of retirement accounts, which will be subjected to taxes and penalties. To top it all off, I don't have an invoice or bill for any work my first attorney did. He took $8000 and I had nothing to show for it other than a vast array or new expenses and problems. New attorney also needs $20,000. It's a total disaster.

Spouse seems to have a significant case of Munchausen Syndrome by proxy. She will hurt herself, her children and all of those around her in an effort to get attention.

My new attorney has suddenly developed some severe health problems that were not his fault. Now I don’t even know if I will have representation at the eviction proceeding. Whoever can help me with this will get a generous reward. Total losses and damages are well into 5 figures. This has been absolutely devastating to me and my children.


Divorce: Eviction Summons Because My Spouse Isn't Paying the Rent

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