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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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Soon I will have my final hearing in a SC divorce. At

Customer Question

Soon I will have my final hearing in a SC divorce. At mediation my husband had many items missing from Discovery and one suspicious commercial real estate transaction that may be fraudulent (to hide equity). In mediation they pushed me to agree to paying him half of my retirement account by threatening to go after my pension. Also mediator constantly pointed out how horrible going to trial is. I attempted to fire my attorney long ago, but could not find an experienced lawyer to take my case so far in. He lies constantly. I cannot trust anything he says. He told me that in the final hearing if I respond to a question about not being satisfied with getting complete discovery or investigation of the suspicious transaction, that my case will be stricken, meaning we will be back to where we were before my husband filed. Is that correct? This case has passed the 365 day rule and a 90 day extension. I absolutely do not want to go to trial and am afraid if my attorney has given me false information that if I say I am not satisfied with husband's Discovery, we'll be pushed to trial. Having the case stricken may be OK with me. Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello
This is Samuel and I will discuss this and provide you information in this regard.

I am sorry to hear of this matter. Divorces are often frustrating and tiring. What information can I provide for you? What are your questions in this regard, please?

Customer: replied 1 year ago.
I wrote my questions above.
Customer: replied 1 year ago.
Please read my question and respond or I will cancel my subscription
Customer: replied 1 year ago.
Where is the answer?
Expert:  Samuel II replied 1 year ago.

Thank you.

Then as I read it you ask:

"He told me that in the final hearing if I respond to a question about not being satisfied with getting complete discovery or investigation of the suspicious transaction, that my case will be stricken, meaning we will be back to where we were before my husband filed. Is that correct?"

Answer:

Under RULE 40 GENERAL DOCKET, TRIAL ROSTERS, AND CALL OF CASES FOR TRIAL

(j) Case Stricken From Docket by Agreement. A party may strike its complaint, counterclaim, cross-claim or third party claim from any docket one time as a matter of right, provided that all parties adverse to that claim, counterclaim, cross-claim or third party claim agree in writing that it may be stricken, and all further agree that if the claim is restored upon motion made within 1 year of the date stricken, the statute of limitations shall be tolled as to all consenting parties during the time the case is stricken, and any unexpired portion of the statute of limitations on the date the case was stricken shall remain and begin to run on the date that the claim is restored. A party moving to restore a case stricken from the docket shall provide all parties notice of the motion to restore at least 10 days before it is heard. Upon being restored, the case shall be placed on the General Docket and proceed from that date as provided in this rule.

So in short, yes, it is possible.

Thank you for your patience while I researched and pulled that law for you.

Expert:  Samuel II replied 1 year ago.

Please let me know if you have other questions, need more information or clarification.

Thank you.

Customer: replied 1 year ago.
does that mean that if I so No, I am not satisfied with his Discovery that the case WILL be stricken? And NOT go to trial. I want a live human to respond who knows SC court system. I don't want to read the law, I want a knowledgeable SC attorney to interpret the law and answer my specific questions.
Expert:  Samuel II replied 1 year ago.

Both parties would need to agree for it to be stricken. That means it would be taken off the Docket until all issues are resolved and then it will be placed back on the docket.

Expert:  Samuel II replied 1 year ago.

I am a live human. But we can only answer what you ask. And so if you have other questions you may ask them here.

Expert:  Samuel II replied 1 year ago.

I always try to provide the pertinent law so you can see that I am not just talking from my head and that there is law to support my answers. I suggest you can mention that Rule to your attorney and see what he has to say about it.

Expert:  Samuel II replied 1 year ago.

So when he says "square one" that only means the matter could be placed on hold until a compromise or final resolution.

Expert:  Samuel II replied 1 year ago.

I suggest, you can tell your attorney you want to have the information on what appears to be hidden assets before you proceed and that you are willing to have the matter "stricken"which means removed from a final hearing docket. The matter can be "stricken" for up to one year before it really goes back to "square one."

Expert:  Samuel II replied 1 year ago.

Thank you for your understanding of how this website works and your patience while I got the pertinent law for your reference and typed my responses.

Expert:  Samuel II replied 1 year ago.

Again, if you have further questions you may ask them here. I do not participate in the phone calls offered by this website, but I will continue to provide any information you need in this regard here, once I know what that is.

Expert:  Samuel II replied 1 year ago.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.

Customer: replied 1 year ago.
My attorney is not acting in my best interests. I have tried to hire another, but can't . He contradicts himself constantly, I have a long list. He had told me the case could be stricken in the final hearing if I said I was not satisfied with Discovery, but didn't say that both parties have to agree. My husband won't agree, he wants my money ASAP. I have found that my actual experiences have shown that my husband and I are treated differently in the system. I had to "harrass and stalk" my attorney to get him to serve him with Discovery. And then I provided full disclosure and he did not, and it was fine with my attorney and the mediator and surely with the other party that he didn't fully disclose. Mediation was like a steam roller with constant threats about how horrible it is to go to trial (and I do believe that and my outcome would only be worse there)and that if I pursue full disclosure my husband will go after my pension. We are white collar. Governor Haley is reforming family court system for blue collars, but who knows if it will ever happen in the white collar world. The white collar world has functioned in a manner that shows that they are all going after my money. I am not wealthy, I am a retired teacher, trying to lead a peaceful retirement. And I have been harassed by my husband through the SC legal system for the last 16 months. All I am trying to do is keep my own money. He is an alcoholic who wants to continue his irresponsible lifestyle and us my money to support himself and to pay his huge medical bills as a result of a bad fall (likely while drinking). He also got a DWI so that any assets he gets from me will be at immediate high risk. I do want the divorce done but was thinking of using the case stricken provision to leverage a lower a payout for him. In mediation I was ramrodded into agreeing to pay him half my retirement, $117,000. When he said he wanted the divorce I said what's yours is yours and mine is mine, let's get it done. That was fall of 2014. Nope he wants a big chunk of my mine. He is the consummate salesman and can win people to his side while painting me as being greedy because I want to keep my own money. You may not be able to help. South Carolina is a dangerous place for women and I don't believe it possible for me to get justice. Mine is mine, his is his is a pretty simple concept. But I see no way for that to happen since no one will hold his feet to the fire. The system is corrupt. I am 70 and the mental stress has been very detrimental to my physical and mental health and noone is protecting me. It's time to just give up it seems. Thanks
Expert:  Samuel II replied 1 year ago.

Ok. Thank you. I am sorry to hear that it appears your attorney simply wants to collect his fee and not work for your best interests. I am not sure why another attorney is not interested in your situation. It is unfortunate that mediation is not working fairly.

I suggest you can tell these things to your attorney and tell them that you want to keep your money, let him keep his money, and that if the matter is stricken you understand that it can be placed back on a docket within one year. You can tell your attorney if he does not work more favorably with you instead of against you, you will file a complaint with the Bar Association and even a fee dispute because it is quite evident the spouse is hiding assets and you feel it is imperative to hold him responsible.

Customer: replied 1 year ago.
The legal system is self governing in SC. I looked back at complaints about my attorney 4 or 5 years ago and nothing has changed. He is considered by many to be one of the top attorneys in Greenville and is now close to 70. Anyway a complaint wouldn't help with my situation, will just go into never neverland, and he knows that, that is why he says whatever is convenient at the moment for him. Final hearing is 10 days away and I am now harassing him to get me a draft of the final agreement to share with my financial advisor, who has had equally horrendous experiences with his divorce. The more he stalls, the more I know they are getting ready to shaft me one more time. As yet, I have nothing in writing about the split agreed to in mediation on March 17. Waiting til the last minute, will prevent me from doing any further negotiations or to ask for corrections of "errors." Doesn't take a rocket scientist to figure out what's going on here. My last hope is that my financial advisor will have some tricks up his sleeves. No hope from anyone in the SC system.
Expert:  Samuel II replied 1 year ago.

I am sorry this is happening to you. Often times, the one complaint upon many complaints is the straw that breaks the camel's back. Your's could be the one.

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