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Seattle Scott
Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 744
Experience:  I have 25 years experience as a Washington State Family Law Attorney.
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My husbands ex and her attorney presented to a family court

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My husbands ex and her attorney presented to a family court judge a forged/fraudulent stipulation creating illegal wage garnishment what is the procedure we need to take to recapture the garnishment back (178,000) how would you recommend we make punishment happen-criminal court/family/civil? How do we file a suit for money judgment and or de barment as they used non dated , no notarized, forged signiture(his ex already signed a frodulent disclosure admitting her forgery) what do you recommend we do from here.
Submitted: 1 year ago.
Category: Family Law
Expert:  Seattle Scott replied 1 year ago.
Was the 178k in a bank account and who has control over the money today, meaning if a bank account is the money still at the bank but 'frozen"? I see that you said it was a wage garnishment, but it would be very unusual for $178k to be available from wages. Putting aside the fraudulent garnishment, did the ex have a valid claim for $178k against your husband?
Customer: replied 1 year ago.
My husband had 20,000 a month alimony for 9 years ending July 2011. Post July a wage garnishment was ordered by the. Family court judge for 20,000 per month but to not exceed 50% of monthly income. Which is commissions so it varries. After July 2011 payment within 60 days my husbands employer was presented with court ordered wage garnishment. We are in possession of these documents. 1 court ordered wage garnishment dated July 2011 (hard to get because it was requested to not become a court document by his ex attorney) 2 we have copy of stipulation used in 2011 with a signiture NOT AT ALL even similar to my husbands that on face value if he would have seen this, read it , he would have committed to lifetime spousal support . 3 a fraudulent disclosure signed by his ex many months after this illegal wage assignment was ordered this the attorneys had her sign before firing her as a client. 4 additional question the judge used this stipulation that the produced in 2011 with only his former wife signature and my husbands forged signature yet on the stipulation there was no date affixed no witness no nitery no attorney signature, is it legal in CA to file a document with no date on it , without witness or notary, would any attorney and or court accept as legal and binding? She has new legal representation and it is told to us that his ex is in dispute with her old law firm where the lawyers state she duped them and she is saying that they helped her I forged document. (Appear toy by mistake of his ex was a email she forwarded to my husband with roughly 10 conversations attached between her and her former attorney , several drafts of this stipulation document along with their discussion on not filing it as a court document. In this , she suggested that my husband DIDN'T WANT THIS TO BE FILED TO THE COURT and her attorney did say ,"I would think if I were him I would want to have it filed for my protection" but she said ," he doesn't want it done that way." It took months to get a copy of this stipulation since it wasn't available filed my husband w with his attorney teleconference with his ex legal attorney where he stated ," I don't know where this came from, I have not seen it and I believe that (his ex) must have created it herself and put into our file. Why would he say this when he wrote this up on his letterhead and through forwarded attachments to my husbands ex going back and forth - she said to him a lie that my husband wanted it to be not filed, she forged his name and signed a document admitting she did so. When her attorneys denied knowing about this document it was post its use from obtaining the illegal wage garnishment. Can we sue this attorney ? Can we dis bar this attorney. How can we go about getting settlement, would a local attorney take this on contingency as we believe that the actual damages between the property foreclosure, credit damage and 178,000 illegal garnishments , is this attractive to be a contingency based case? What would the first step be toward his ex attorney, and his ex herself? Do we make appointment with DA or walk into local police station? If we go into explain this to a police officer, would we lessen the chances of warrant arrest of his ex- they take cases that they believe hold precedence so should we have our attorney present this to the officer for report as it will sound precise and come together better.
Expert:  Seattle Scott replied 1 year ago.
While I am waiting for you to get back to me with the information I will need to answer your question regarding how to get the money back I can give you some information as to how to proceed against the attorney. Go to
http://www.calbar.ca.gov/Attorneys/LawyerRegulation.aspx and get the form to make a complaint against the attorney to the California Bar Association. On the web page you will also see a tab labeled "Client Security Fund" which is a program where the Bar Asso. can pay up to $100,000 in client losses caused by attorney theft. My initial review of this program is that it might not benefit your husband because it was not his attorney that "stole" the money, but it worth it for you to check out that program.

Get back to me on my initial request for more information. I do garnishment work and what you describe is horrible.

Your reply came in while I was writing this so I will get back to in a few minutes.
Expert:  Seattle Scott replied 1 year ago.
Please by patient with me while I get up to speed.

In July/August 2011 did your husband still owe alimony for prior months?

When did your husband first learn that 50% of his pay was being paid to the ex?

When did your husband first learn that the garnishment stipulation contained his forged signature?

As of today, has husband paid 100% of his alimony or did he over pay as the result of the forged garnishment?

Do you know if any of the $178K is still around on deposit somewhere as this affects my answer on the contingent fee collection attorney.
Expert:  Seattle Scott replied 1 year ago.
Please let me know if there is anything else you need from me or if there is more I can help you with and feed back is always appreciated, good or bad.
Customer: replied 1 year ago.
He was paid up and current on alimony yes

He learned about the 50% in January 2012

He learned it was forged June or July last year2012

Yes he paid 100% alimony . Overpaid!!

Yes she has over a million in cash
Expert:  Seattle Scott replied 1 year ago.

Ok, given the additional information the following should answer your questions. First, as to the ex's attorney, have your husband make a complaint to the bar association, using the information I have provided. Second, as to making a criminal complaint, I would hold off on that until you see what conclusion the bar association reaches and the results of the following actions your husband should take. Third, recovering the over payment of $178K is more of a collection matter than a family law matter. You are interested in a contingent fee attorney. Collection attorneys usually work for a contingent fee ( usually in the 25% -50% range, with or without a sliding scale, such as in 50% of the first $25K recovered, then 30% for the next $25K). A contingent fee collection attorney will want to know there is a good chance that a judgment can be obtained and that once obtained that it can be collected ( garnishment of the ex's bank accounts etc.). The collection attorney will make his/her own determination as to the validity of the claim, chances of wining and not rely on what you say happened . So you need to gather all the court and other papers that prove the over-payment and forgery and the actual payments from the employer to the ex wife. Then contact your county's ( not state) bar association referral service and request a referral for a collection attorney. If you get an agreement with a contingent fee collection attorney, he/she will make the decision as to how to reduce the over-payment into a judgment against the ex wife, as in whether to go back to the family law/divorce court or start a new lawsuit based on fraud. The details of what must be done in the future litigation are beyond my ability to describe or predict. Once the collection litigation is resolved, then take a look at pursuing a criminal complaint or follow the advise of the collection attorney regarding the criminal issue.

---------------------------------

Please let me know if there is anything else you need from me or if there is more I can help you with and feed back is always appreciated, good or bad. If you are satisfied please click that I provided good service. If you do not rate my service (even if you thought it was great) I receive no credit for my work. Thank you for using Just Answer. This is informational only -not legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 744
Experience: I have 25 years experience as a Washington State Family Law Attorney.
Seattle Scott and 2 other Family Law Specialists are ready to help you

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Seattle Scott
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I have 25 years experience as a Washington State Family Law Attorney.