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Harassment?

Discussion in 'Divorce, Separation, Annulment' started by Evanrude, Sep 13, 2018.

  1. Evanrude

    Evanrude Law Topic Starter New Member

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    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.
     
  2. army judge

    army judge Super Moderator

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    You should be discussing all of your divorce related concerns with your attorney, not strangers.
     
    hrforme likes this.
  3. Evanrude

    Evanrude Law Topic Starter New Member

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    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
     
  4. hrforme

    hrforme Active Member

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    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!
     
  5. mightymoose

    mightymoose Well-Known Member

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    There legal service of documents is never considered harassment.
     
  6. Evanrude

    Evanrude Law Topic Starter New Member

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    Everything was disclosed
    But aren'
     
  7. army judge

    army judge Super Moderator

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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.
     
  8. zddoodah

    zddoodah Well-Known Member

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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.
     
  9. Evanrude

    Evanrude Law Topic Starter New Member

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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.
     
  10. adjusterjack

    adjusterjack Super Moderator

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    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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