LilGirl
New Member
I've had a lot of problems with my lawyer, who has turned out to be a snake in the grass (to phrase it nicely). But the main problem I'm having is the fact that I've now been divorced just over three months and the ball hasn't even begun to roll where my settlement is concerned. So just focusing on that aspect alone, here is what has happened...
When my ex and I divorced (September 3, 2009) it was written into our Judgment of Divorce (JOD) that I would received $5000 from his 401k. To do so, the 401k plan administrator requires that there be a Qualified Domestic Relations Order (QDRO). **I do not know this for a fact as I was told this by my lawyer whom I've caught in numerous lies.**
Now at first my lawyer said he would handle the preparation and entry of the QDRO. A few weeks later he stated he was not handling the QDRO because it was the Plaintiff's responsibility, therefore my exes attorney would be handling it. Then again, a few weeks later, my lawyer changed his story stating that he was again going to handle it. I feel that he was doing so because he and I were having a dispute over the fact that he had changed his fee without warning and wanted to file a lien against my settlement.
A week after my divorce was finalized I mailed a check for my portion of the cost of having the QDRO prepared to my lawyer (payable to the actuary preparing the QDRO). After a few weeks of not hearing anything I contacted my lawyer who claimed my ex was refusing to pay. This of course was a lie and my ex did end up paying his portion a week or two later. In the meantime, my lawyer had been caught in so many lies that I did not want him handling the QDRO because I didn't trust him. At that point I requested that he return my check and after a few days of going back and forth he agreed to do so. At that time he stated he would return the check along with a packet the 401k admin had provided and a copy of the "attorney lien letter" (that is what my lawyer called it) he claims to have sent them (the 401k admin).
That was the last time I heard from my lawyer, which was October 15, 2009 and he never sent me any of the information he stated. Since then I've had to cancel the check since I no longer know of its whereabouts and I mailed a letter (certified) to my lawyer along with a copy of the check cancellation requesting that he contact me with five business days, as well as adjust my balance and send me an updated invoice. As usual I received no response and I received nothing in the mail. We also have no idea where my ex-husbands portion of the QDRO fee is as his lawyer had forwarded it to my lawyer along with my ex-husbands signed release allowing access to the 401k funds.
So now I am in quite the predicament and don't know what to do. I am unemployed and being supported by family. I cannot afford to hire attorney and even if I could, after this experience, I wouldn't anyway. I don't know anything about preparing a QDRO and our JOD only states that my ex and I are to, "cooperate on the preparation and entry" with no specification as to who is responsible for it getting done.
That all being said, here are my questions...
First, is it true that the Plaintiff and/or their attorney is responsible for the preparation and entry of the QDRO?
Second, does an attorney have the right to submit a lien, which does not appear to be through the court, without the client ever seeing it?
Third, is there a way I can force my lawyer to supply me with information (packet from the 401k provider, my exes payment for the QDRO, the supposed lien etc) he is withholding?
Lastly, is there anything I can do about this deadbeat lawyer besides filing a complaint with the state bar?
Any information would be greatly appreciated at this point as my lawyer has refused to contact me in almost two months now which is putting great delays on my obtaining my settlement. I would also like to add that he (my lawyer) is more than aware of the fact that I had over due bills, school tuition etc. which the money was needed for. I have seven email threats from him, all of which include some statement of his "tying of my funds", therefore I know he is doing this with the clear intent of screwing me over, for lack of a better word. Also, these bills have now been turned over to collections, which will affect my credit.
Again, ANY information would be greatly appreciated and thank you in advance to those who reply!
LilGirl
When my ex and I divorced (September 3, 2009) it was written into our Judgment of Divorce (JOD) that I would received $5000 from his 401k. To do so, the 401k plan administrator requires that there be a Qualified Domestic Relations Order (QDRO). **I do not know this for a fact as I was told this by my lawyer whom I've caught in numerous lies.**
Now at first my lawyer said he would handle the preparation and entry of the QDRO. A few weeks later he stated he was not handling the QDRO because it was the Plaintiff's responsibility, therefore my exes attorney would be handling it. Then again, a few weeks later, my lawyer changed his story stating that he was again going to handle it. I feel that he was doing so because he and I were having a dispute over the fact that he had changed his fee without warning and wanted to file a lien against my settlement.
A week after my divorce was finalized I mailed a check for my portion of the cost of having the QDRO prepared to my lawyer (payable to the actuary preparing the QDRO). After a few weeks of not hearing anything I contacted my lawyer who claimed my ex was refusing to pay. This of course was a lie and my ex did end up paying his portion a week or two later. In the meantime, my lawyer had been caught in so many lies that I did not want him handling the QDRO because I didn't trust him. At that point I requested that he return my check and after a few days of going back and forth he agreed to do so. At that time he stated he would return the check along with a packet the 401k admin had provided and a copy of the "attorney lien letter" (that is what my lawyer called it) he claims to have sent them (the 401k admin).
That was the last time I heard from my lawyer, which was October 15, 2009 and he never sent me any of the information he stated. Since then I've had to cancel the check since I no longer know of its whereabouts and I mailed a letter (certified) to my lawyer along with a copy of the check cancellation requesting that he contact me with five business days, as well as adjust my balance and send me an updated invoice. As usual I received no response and I received nothing in the mail. We also have no idea where my ex-husbands portion of the QDRO fee is as his lawyer had forwarded it to my lawyer along with my ex-husbands signed release allowing access to the 401k funds.
So now I am in quite the predicament and don't know what to do. I am unemployed and being supported by family. I cannot afford to hire attorney and even if I could, after this experience, I wouldn't anyway. I don't know anything about preparing a QDRO and our JOD only states that my ex and I are to, "cooperate on the preparation and entry" with no specification as to who is responsible for it getting done.
That all being said, here are my questions...
First, is it true that the Plaintiff and/or their attorney is responsible for the preparation and entry of the QDRO?
Second, does an attorney have the right to submit a lien, which does not appear to be through the court, without the client ever seeing it?
Third, is there a way I can force my lawyer to supply me with information (packet from the 401k provider, my exes payment for the QDRO, the supposed lien etc) he is withholding?
Lastly, is there anything I can do about this deadbeat lawyer besides filing a complaint with the state bar?
Any information would be greatly appreciated at this point as my lawyer has refused to contact me in almost two months now which is putting great delays on my obtaining my settlement. I would also like to add that he (my lawyer) is more than aware of the fact that I had over due bills, school tuition etc. which the money was needed for. I have seven email threats from him, all of which include some statement of his "tying of my funds", therefore I know he is doing this with the clear intent of screwing me over, for lack of a better word. Also, these bills have now been turned over to collections, which will affect my credit.
Again, ANY information would be greatly appreciated and thank you in advance to those who reply!
LilGirl
