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Motion for reconsideration

Discussion in 'Other Family Law Matters' started by Nbson, Apr 4, 2017.

  1. Nbson

    Nbson Law Topic Starter New Member

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    Jurisdiction:
    California
    Im going to court on remaining issues of spousal support and remaining issues,
    But in the last court appearance, the judgements for date of separation and property was made in favor of for him, only because they showed me a bank statement of a savings account, claiming it was a separate checking account, and I said no I don't know of any checking account.

    I got a limited scope lawyer from a court documents service PrepExpress they failed to update my income and expenses the lawyer failed to meet and discuss my until 20mind before trial and had lost my tax records of filing jointly after his claimed date of separation, He didn't give the photos of us together from 2008 up to 2012 he didn't call any our 4 children, that were there to testify, he didn't show my deeds showing I was in the title of the family home.
    He pretty much showed one picture saying here they are in 2007 on his birthday and the quick claim deed of a home we both singed for our son. My ex didn't show anything else but the bank statement, that was never entered into evidence or shown to me until they asked me to read my name and the amount on the paper. And that was it. I don't speak English that good, so I didn't know when he entered my evidence it was only those two things. My children were outside of the court room waiting to testify. My evidence was turned in with my trial brief. Can I file for reconsideration or new trial because I didn't know he didn't give all my evidence, or call my witnesses, the lawyer even admittedafter court to my son and me that when he talked to the other lawyer he saw the tax returns I was talking about in they're possession. But couldn't do anything about it. I just found out he lost the evidence I gave him a few days ago when I wanted to pick them up because I saw the minute order and it said only the picture and deed where entered evidence in the whole trial , I have court next Friday the 14th. Is there a case law or statute I can use for a new trial or reconsideration
     
  2. army judge

    army judge Super Moderator

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    I suggest you hire another lawyer, one that you pay a fee and in turn he/she dedicates sufficient time to your case to give you a fair shot.

    You hired an attorney from "20 Minute Lawyers", and you got yourself fifty bucks worth of law.

    What is it you believe you should have gotten that you failed to receive?

    You can always file a complaint with the state bar association and try to get your fifty bucks back.
     
  3. Nbson

    Nbson Law Topic Starter New Member

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    They charged me $1,500 for that day, I was with my ex spouse from 1980 up until 2012, we have 4 children together, I supported him while he went to school to learn English, while he went to school to be a mechanic, and also went to school for business, I was also the one that started the business he has know taken over, and has left my unemployed for the last year, he filed for divorce in 2012 in Los Angeles, while we lived in San Bernardino, he put the date of separation as 2007 under a false address, he wasn't able to complete it without me finding out, so he later filed in San Bernardino, and put the date of separation as 2006. All the evidence that I have shows that we decided to separate in 2012, his filing in Los Angeles him signed the inter spousal deed to the house of our son, the taxes were done either separate or jointly depending on what he decided, we did them jointly in 2008, then he did them married but separate in 2011 with the address being our sons address. I am now living with our two sons, but he has kept all the business for himself which is over $160,000 a year which I was not aware we were making since 2004, He would give me $2,500 to $3,000 a month even though We did the same amount of work, we had a stipulated agree in 2014 but he then had it put aside because he had transferred the house into his sisters name, so part of the property awarded to him and me was not part community property, he has provided no evidence except that he took out a loan in 2006 and $70,000 was put into a savings account, around $50,000 was used for both our daughter and sons two houses, but he is now claiming it was a payoff to separate, but he actually took out $260,000 and thats why he gave his unemployed sister the money to buy our home in a quick claim sale to get rid of the debt, Ai just don't think it's fair that he has no evidence at all and because my lawyer lost some of evidence and didn't use the evidence I did have that there isn't some law that allows for me to have the judge to look at the evidence I did have, I admit I was stressed from not being able to support myself and not being able to understand or keep up with what was going on. But I just want a way for me to show my evidence correctly that I filled already, I have been supporting myself with credit cards, and I'm out of money, I was fooled by the way they told me I was going to be represented.
     
  4. Nbson

    Nbson Law Topic Starter New Member

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  5. army judge

    army judge Super Moderator

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    As I said, hire a real lawyer.
    Get a written retainer, if you do.
    The retainer is the contract between you and the lawyer.

    If a lawyer refuses to provide a written retainer, don't hire that lawyer.

    Did you check the credentials of the "lawyer" who represented you.
    The $1,500 is gone.
    You'll never see it again.
    In the future don't pay anyone's expenses, especially an illegal or legal alien.
    Heck, I'd advise against paying expenses for a spouse, unless you KNOW (not believe) the marriage will endure.
     

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