hi paul , thansk for information , i accepted your answer. here is the other very important question , so please answer me: As per my case , my ex-husband conspired with my attorney and he worked against me and supported to husbad on all wrong way and cheated with me . so to snatch all my money since 2008 , the husband wrongly blamed me for dissipation of marital fund and file motion to Alternate value date on my 13-14 accouns since 2008. And to prove that wrong allegation of dissipation of fund , he conspired with my attorney , and my attorney hide and kept away my 17 months evidence of payments , business expense , business credit card records etc.. from the court ,so judge will not able to get any evidence that where my money went , and then the judge found it dissipation of fund and ordered $37,000 against me to husband by granted husband's motion to alternate value date since 2008 and husband won by cheating. then i appealed , but court ordered me to post appeal bond with 6% interest , total of $39,220 , if i want to go for appeal. i posted appeal bond $39,220 for appeal in 2010. · then appeal denied and ordered penalty of husband ‘s attorney fees $9,600 · Then i filed motion to get relief on the grounds of fraud done upon the court. · and i filed motion to stay of the execution of final decree and appeal's judgement , until my motion to get relief will not heard. · the husband filed motion to Enforcement of final decree of $39,220 and attorney's fees $9,600. 24th April : · My motion to stay the execution of final decree and the husband’s motion to Enforcement of final decree – both scheduled and heard together . The Court Order was if i will post other $13,000 bonds , then enforcement of final decree of monitory award of $39,222 will stay. ( ordered on 24th april But the judge did not ruled any specific time period to pay out that bonds . there was no any date deadline specified as due date. 11th May : Because to gather other $13,000 , I applied for credit card for balance transfer or cash advance. But the process time of credit card company will take more then 2 week for full amount balance transfer. So for precaution, I filed that information that I am planning to post bonds of $13,0000 at the earliest , but will take may be more than 2 weeks to complete whole process from credit card company for balance transfer. So as soon as the process will complete , I will post bonds of $13,000 to stay the enforcement of the final decree of monitory award and $39,220. I filed that information on 11th may. 29th may : And then ,after two week the credit card process completed , and I posted bonds on 29th may 2012 of $13,000 along with the order sign for judge to grant motion to stay judgment. 17th may : In between , the trial court’s judge send us letter on 17th may that the supreme court’s retired judge is appointed to hear my motion to get relief from the judgement of the monitory award of $39,220. 10th june : And then , after my positing of $13,000 bonds , the judge send me letter that there is no need to sign other order to granting motion to stay judgment , because the enforcement of final divorce decree will automatically stayed with the posting of $13,000 as per prior court order. Now , the main question is here: Today in court file , I saw a check of $39,220 payable to husband’s attorney on 25th may 2010. So what is legally right???? 1.) yes , the court did not ordered any due date , so they can take my bonds. 2.) But I already informed to court and opposite party , that I am planning to post 13,000 bonds. But credit card company process will take two week. 3.) And when I filed $13,000 on 29th may , nobody informed me that the husband already took that appel bond of $39,220. 4.) Also judge send me letter that with posting of $13,000 , the enforcement of final decree will automatically stay .
But , the letter came on 10t june , while the husband took my money on 25th may .
So , please let me know , what is legally right & wrong ????
If the case has been stayed pending appeal, then that check to your husband's attorney should not have been turned over to the husband's attorney. I have no idea why they did so. Also, the judge is correct that once you complied with filing the last bond the stay was granted. They should not have released your bond money that soon with that notice and if they have not given the check to the attorney yet, you need to file a motion in the court to prevent them from giving that check over to the husband's attorney based on everything you have stated above.
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