I had asked about Res Ju Decata, after further research I am certain that I was scheduled in 08 to appear in court; I have since contacted by email my attorney at the time and requested my file. This is the email that was sent to her:
Email from me to attorney that represented me in 07/08 sent on October 18:
Hello Ms. XXXXX,
Earlier in the week, I asked Sandie from my office to set up an appointment with you so I could ask you some questions and get information to help me understand the sequence of events regarding District Court during the time you represented me. Sandie informed me that you could not or would not meet with me as you were not available to retain professionally, which is not the case. I am acting Pro Se
for the time being and need you to clarify for me all correspondences to you as my attorney from District Court or anyone regarding my attention.
Please provide a chronological list of events and actions recommended and or taken or not taken, on my behalf, as my legal attorney.
Please provide dates of initial retention and date that Judge Crockenberg granted your request and reason that you be allowed to withdraw as my counsel.
Please provide a mailing address where I can if necessary send you Certified Mail as a follow up to emails and other matters that may pertain..
The information requested is time sensitive and a punctual response with information requested would be very much appreciated.
I understand that you are not my counsel at this time and I will pay for your time to provide me accurate and detailed reports requested. Essentially I am requesting a copy of my complete file.
Attorney’s Email response received October 23, 2013:
As I explained to Sandie on the phone, I am no longer in private practice and I cannot participate in any discussions that may be viewed as representation of a client, whether I am paid or not for the service. All documents that were filed with the court during my representation of you and any correspondence were copied to you and you should have a complete file of all records.
The Court records indicate that I filed a Notice of Withdrawal in your case on November 4, 2008. The Court required that I appear the following week and the Court informed you of the withdrawal. On November 24,XXXXXstated that I was no longer your attorney of record. On December 8, 2008 Michael XXXXXX entered an appearance as your attorney.
My concern is that I was not informed or aware of any court proceedings involving issues about child support
and arrears. Some unfortunate sequences of events by the courts lead by misinformation to include denial of child support payment for approximately 18 months were not reported. I believe bad information provided by Petitioner caused the discrepancy that is in excess of $100,000 dollars.
I was unaware of these court actions as my new attorney for 2009and 2010attorneys did not make me aware of numerous miscalculations which took place in 2008. I learned about these discrepancies in late 2012 during a motion by me to modify income (which was granted) when my CPA noticed the discrepancies. Petitioners counsel argued that due to Res Ju Decata I had my day in court and my time to appeal. The facts are that I was neither informed by counsel nor aware of hearings to address the calculations. I in fact did not have the opportunity to be represented thus I would like to gather the exact information from attorney of 07/08 as I believe this will demonstrate to the courts an accurate sequence of events and hopefully allow for an accurate calculation of the arrears owed.
I can I get my file from attorney of 07/08 if she is not willing to provide them to me? I should have rights to my files if not please explain.