Harassment?

E

Evanrude

New Member
Jurisdiction
Michigan
My ex wife and her attorney ( divorce is final) have been filing motions and sending subpoenas to my employer, and not serving/notifying me or my attorney. Digging for more assets and retirement funds. Isn't there rules against this, and what can be done. This has happened several times.
 
Evanrude said:
My ex wife and her attorney ( divorce is final) have been filing motions and sending subpoenas to my employer, and not serving/notifying me or my attorney. Digging for more assets and retirement funds. Isn't there rules against this, and what can be done. This has happened several times.
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You should be discussing all of your divorce related concerns with your attorney, not strangers.
 
well if you failed to disclose retirement plans in your divorce decree, this will be a problem and discoverable. And if her lawyer is able to subpeona your employer, they will have to provide your retirement situation. I sure hope you disclosed everything, because if so, your employer will write a letter about your retirement plan and possibly disclose balances, etc..... and if you did, you should have no problems.

Not harassment, unless they have gotten the information in the past and are still pushing. And then your employer's attorney should shut them down!
 
hrforme said:
well if you failed to disclose retirement plans in your divorce decree, this will be a problem and discoverable. And if her lawyer is able to subpeona your employer, they will have to provide your retirement situation. I sure hope you disclosed everything, because if so, your employer will write a letter about your retirement plan and possibly disclose balances, etc..... and if you did, you should have no problems.

Not harassment, unless they have gotten the information in the past and are still pushing. And then your employer's attorney should shut them down!
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Everything was disclosed
mightymoose said:
There legal service of documents is never considered harassment.
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But aren'
mightymoose said:
There legal service of documents is never considered harassment.
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mightymoose said:
There legal service of documents is never considered But aren't they required to serve my attorney and I?
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Evanrude said:
I thought that' what this forum is for? Just wondering if anyone else has dealt with this. Can' pay a lawyer every time I have a question
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Once an attorney learns you have an attorney representing you, legal ethics dictate that other attorneys not offer you legal advice, or discuss ANY aspect of your case with you.
 
Evanrude said:
Isn't there rules against this, and what can be done.
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I'm sure any number of things "can be done." Documents filed with the court are supposed to be served on all parties or their attorneys. I'm not in Michigan, but notice that a subpoena is being served is required in every jurisdiction in which I have practiced. If it's becoming a pervasive problem, then discuss with your attorney how best to deal with it.
 
zddoodah said:
I'm sure any number of things "can be done." Documents filed with the court are supposed to be served on all parties or their attorneys. I'm not in Michigan, but notice that a subpoena is being served is required in every jurisdiction in which I have practiced. If it's becoming a pervasive problem, then discuss with your attorney how best to deal with it.
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Thanks. This has happened several times. There have even been court dates that we weren' aware of because we were never served the motion. Once could be an oversight, but 4 or 5 times I feel is intentional so we can't respond.
 
Your attorney should be seeking sanctions against the other attorney if he is not complying with the rules of civil procedure. Why isn't he?
 

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