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MIAMILAW1127
MIAMILAW1127, Lawyer
Category: Legal
Satisfied Customers: 748
Experience:  Founding Partner at Moises Law, P.A.
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In 2010 in was divorce, the settlement agreement only has

Customer Question

In 2010 in was divorce, the settlement agreement only has two open items it 10 I pay $75k to ex for her share of the equity 2) upon receipt ex sign quit deed.
I was suit in a case for payment and held in contempt for not paying as I lost my job and offered the home to be sold to meet obligation and stay out of jail, judge agreed and told ex that she would get her money when house sold.
Ex hired another attorney and file another law suit for her equity $75k, case 10cv-1555. For five years I have been in and out of court, only to hear her attorney say he needs to go to jail, I would give update to the listing of the home and judge would end hearing, never giving attorney the opportunity to ask for fees or awards, I represent myself. I sold my share of the home to my daughter so she would pay taxes, dues, bills for the home. At one hearing her attorney asked for money prior to going into hearing, it was agreed that I would attach $6,500 to a pending bankruptcy I have filed. Attorney went into hearing and told judge we agreed to $6,500 judge asked me and I said yes, then attorney asked the judge to place it on home which 1) wasn’t deal 2) I no longer owned for 2 years. I also was never asked if I agreed to it. As we left hearing attorney was offering to have home put back into my name for free. And stated that a third party has no obligation to pay the debt (just placed on home). Again back and forth to court only hearing the same thing, that I go to jail. Finally at the last hearing of this cases, I told judge I was tired of all this and I have no problem going to jail, if it would stop all these wasteful hearing, judge agreed and ruled, that I never have to come to court again as long as two items continued 1) keep home listed 2) keep attorney informed. Which both where being done. Now the problem comes, Judge calls a Calendrer Call, and ex’s attorney Fails to Appear. Case 10cv-1555 get dismissed Without Prejudice.
Attorney waits a few months then files another suit adding my daughter and claiming that my equity in the property was illegally transfer 5 years after the fact. And that everything in case 10cv-1555 be reinstated.
OOPs, property gets an offer and it is accepted, Problem for attorney, no award, now liable to plaintiff. So he files a Lis Pendens for his own means, as ex would have been paid money and case over. Well Lis Pendens kills the deal on the property and court claims are filed in regards ***** ***** miss use of the Lis Pendens along with the explanation of what game the attorney is playing with the court. Lis Pendens carry and automatic slander by the Supreme Court if the case is lost which the Lis Pendens was used.
We have a pre hearing in which the judge clearly states the starting point of the new law suit, which is at the point of I owe 75k and I just lost my job, which is prior to the case 10cv1555 which they are trying to reinstate.
Now I have been trying to pay the 75K for two weeks, only to have ex’s attorney refuse to receive the payment and complete the quit claim deed. I have sent “Notice of Payment which spells out I am paying by Cashier’s Check and will at the his law firm 4th day Nov 2015 and have quit claim deed readied” and am still going to do, even though attorney keeps writing that he is not going to comply. Attorney wants the 75K than in a few weeks will do the quit claim deed. In the settlement it clearly states “upon receipt”. Now he has filed a “Motion in Limine” asking the court to reinstate the old case 10cv-1555 that was dismissed and the pre hearing ruling clearly stated the starting point of the new law suit at the point before case 10cv-1555. The Motion in Limine only identifies the case 10cv-1555 which was dismissed and not recognized by judge for starting point of new trial. As well as being the bases of all the counter claims made against attorney and plaintiff.
So how do I handle this “Motion in Limine”, as attorney is clearly trying to cover his own ass and end counter claims against him for his Failure to Appear only to skirt around the judges ruling , never to appear again.
QUESTION
1) Is it the right thing to file a law suit for failure to comply with the court order settlement agreement and ask that the 75k be set aside as being paid for attorneys refusal to comply on the 4th Nov 2015, and that the court sign a quit claim deed on ex’s behalf for her failure to comply.
2) What do I file to fight the Motion in Limine to stop it.
3) Or should I just file a Motion having their new case dismissed for failure to complying to the Settlement agreement which is the bases for their entire case.
Submitted: 1 year ago.
Category: Legal
Expert:  MIAMILAW1127 replied 1 year ago.

Hello Glen. My name is***** am going to answer your questions. It is a pleasure to meet you.

Customer: replied 1 year ago.
In 2010 in was divorce, the settlement agreement only has two open items it 10 I pay $75k to ex for her share of the equity 2) upon receipt ex sign quit deed.
I was suit in a case for payment and held in contempt for not paying as I lost my job and offered the home to be sold to meet obligation and stay out of jail, judge agreed and told ex that she would get her money when house sold.
Ex hired another attorney and file another law suit for her equity $75k, case 10cv-1555. For five years I have been in and out of court, only to hear her attorney say he needs to go to jail, I would give update to the listing of the home and judge would end hearing, never giving attorney the opportunity to ask for fees or awards, I represent myself. I sold my share of the home to my daughter so she would pay taxes, dues, bills for the home. At one hearing her attorney asked for money prior to going into hearing, it was agreed that I would attach $6,500 to a pending bankruptcy I have filed. Attorney went into hearing and told judge we agreed to $6,500 judge asked me and I said yes, then attorney asked the judge to place it on home which 1) wasn’t deal 2) I no longer owned for 2 years. I also was never asked if I agreed to it. As we left hearing attorney was offering to have home put back into my name for free. And stated that a third party has no obligation to pay the debt (just placed on home). Again back and forth to court only hearing the same thing, that I go to jail. Finally at the last hearing of this cases, I told judge I was tired of all this and I have no problem going to jail, if it would stop all these wasteful hearing, judge agreed and ruled, that I never have to come to court again as long as two items continued 1) keep home listed 2) keep attorney informed. Which both where being done. Now the problem comes, Judge calls a Calendrer Call, and ex’s attorney Fails to Appear. Case 10cv-1555 get dismissed Without Prejudice.
Attorney waits a few months then files another suit adding my daughter and claiming that my equity in the property was illegally transfer 5 years after the fact. And that everything in case 10cv-1555 be reinstated.
OOPs, property gets an offer and it is accepted, Problem for attorney, no award, now liable to plaintiff. So he files a Lis Pendens for his own means, as ex would have been paid money and case over. Well Lis Pendens kills the deal on the property and court claims are filed in regards ***** ***** miss use of the Lis Pendens along with the explanation of what game the attorney is playing with the court. Lis Pendens carry and automatic slander by the Supreme Court if the case is lost which the Lis Pendens was used.
We have a pre hearing in which the judge clearly states the starting point of the new law suit, which is at the point of I owe 75k and I just lost my job, which is prior to the case 10cv1555 which they are trying to reinstate.
Now I have been trying to pay the 75K for two weeks, only to have ex’s attorney refuse to receive the payment and complete the quit claim deed. I have sent “Notice of Payment which spells out I am paying by Cashier’s Check and will at the his law firm 4th day Nov 2015 and have quit claim deed readied” and am still going to do, even though attorney keeps writing that he is not going to comply. Attorney wants the 75K than in a few weeks will do the quit claim deed. In the settlement it clearly states “upon receipt”. Now he has filed a “Motion in Limine” asking the court to reinstate the old case 10cv-1555 that was dismissed and the pre hearing ruling clearly stated the starting point of the new law suit at the point before case 10cv-1555. The Motion in Limine only identifies the case 10cv-1555 which was dismissed and not recognized by judge for starting point of new trial. As well as being the bases of all the counter claims made against attorney and plaintiff.
So how do I handle this “Motion in Limine”, as attorney is clearly trying to cover his own ass and end counter claims against him for his Failure to Appear only to skirt around the judges ruling , never to appear again.
QUESTION
1) Is it the right thing to file a law suit for failure to comply with the court order settlement agreement and ask that the 75k be set aside as being paid for attorneys refusal to comply on the 4th Nov 2015, and that the court sign a quit claim deed on ex’s behalf for her failure to comply.
2) What do I file to fight the Motion in Limine to stop it.
3) Or should I just file a Motion having their new case dismissed for failure to complying to the Settlement agreement which is the bases for their entire case.
Expert:  MIAMILAW1127 replied 1 year ago.

What you should file is a Motion to Enforce Settlement Agreement.

In that motion, you are going to ask the court to enforce the previously agreed to settlement agreement. You should also consider depositing the $75,000 in the court registry pending the resolution of the case. That way, you can show the judge that you have complied with your end of the settlement agreement and the judge can order the deed for the house quitclaimed to you. Then the court registry will release the $75,000.

As to the Motion in Limine, you should file a response disputing his allegations in that motion.

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