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Judge 1 year after final decree awarded my ex who had taken…

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Judge 1 year after...

Judge 1 year after final decree awarded my ex who had taken me to court for a show cause stating I had not let him get all of his items on the decree I was found not gulty of , the judge then awarded my ex things off the final decree that I had clearly already paid for , I wrote the judge a motion to reconsider was denied instantly . Also I was served improperly so I did not have time to get an attorney , my time is running out I think this was 12/12 , help appreciated

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: Has anything been filed or reported?

I filed for a motion to reconsider but was denied

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Help

Submitted: 7 months ago.Category: Family Law
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Customer reply replied 7 months ago
The show cause order that awarded him items was 12/12
Answered in 17 hours by:
12/31/2017
Family Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 126,944
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Customer reply replied 7 months ago
What options do I have , to remedy this
Customer reply replied 7 months ago
I was given items that I paid for per the decree and had for a year , then my ex gets them ??? He show caused me a year after picking up items per the decree that he said I did not give him , I was found not guilty of not allowing him to pick up his items. Not served properly , lost my attorney . The judge knew this , I told him . How does the judge and my ex get away with this ??? Is the final decree worthless ?
Family Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

You need to file a notice of appeal, since your reconsideration was denied, and you need to pursue the case to the appeals court explaining how the court made a mistake and awarded the ex more than they were entitled to. You cannot introduce any new evidence on appeal, you would need to use the evidence presented in the lower court to show how the lower court made an error and should not have entered the award this way.

Once you file your notice of appeal, then you need to write your appeals brief for the appeals court.

I have no clue why the judge would rule contrary to the decree, but that is what they have appeals courts for, to take this issue to them for another judge to review this judge's determination.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 7 months ago
But rarely do you win an appeal , so unless I spend more than the items are worth to lose the judge can just do what he wants ? I just hope that my ex does not come back for more . The system is corrupt.
Customer reply replied 7 months ago
Do I have no other options ?? Can I do a second motion to reconsider ?
Family Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

Rarely if ever does anyone win a reconsideration, because judges hate to reverse themselves or admit they were wrong. The judge already proved that when he summarily dismissed your reconsideration> So you have to appeal, that is the only other legal option you have. A second motion to reconsider is a bigger waste of time than the first one was. You have to decide is it worth it to appeal or is it worth it to you to give him what he is asking for and walk away, but the legal remedy for your situation is an appeal.

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Customer reply replied 7 months ago
He has already picked up the items , I’m sure it is more expensive to appeal than the items are worth , I just hope my ex doesn’t come back for more , since the judge seems very willing to ablidge him
Family Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

Unfortunately, it is not cheap to appeal, but legally that is your remedy and a decision you have to financially evaluate to determine whether or not it is worth it to you to pursue.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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