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help with paralegal issues?

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  • help with paralegal issues?

    Hi, I'm new here. Been a lurker for a while. I'm a former gambling & shopping addict trying really hard to get out of debt. I haven't gambled in 2 1/2 years. Trying to learn to be more frugal as well. IF anyone has any advice for me I appreciate it. TIA



    Ok, heres my long story.

    I live with my DBF of 2 years. He is wonderful. He has been divorced from his previous marriage for about 4 years. He has 1 biological daughter & 1 step daughter, ages 12 & 10.

    When he got divorced his wife chose to move to Oregon (we live in Arizona) and took the kids with her. He agreed to this because its what his girls wanted. In the divorce he agreed to pay 400 a month for child support for his daughter & 400 a month alimony for a 2 year period so his ex could get on her feet & create a good life for herself & the kids. Of course that has not happened.

    About a year ago his 10 year old daughter called and asked to come & live with us. Everyone agreed so we flew her down. She is doing great.

    So now we wanted to get the child support stopped & by this time it was time for the alimony to stop as well. Even though the divorce papers say the alimony is only supposed to be taken out til March 2006, the payroll at our work will not stop taking it out without a court order.

    He called the paralegal that handled his divorce which happened in a different county in AZ. She told him to draw up paperwork to stop the alimony & the child support it would cost 900 dollars.

    We had to wait to scrounge up the money & we did. Originally the paralegal said this would cover his ex being served with paperwork. But for some reason the paralegal just mailed the paperwork to my DBF, had him sign it, told him to send it to his ex & have her send it back. Well of course she never sent it back.

    So then the paralegal says we have to pay 300 dollars to draw up different paperwork to have her served (thought we already paid for that) & if she doesn't respond to that it will default in our favor. This 300 would only stop the alimony though because there was only a 20 day waiting period for that and a 3 month period for the child support. WE still have to pay another 600 to draw up the child support paperwork.

    So now his ex got served on Oct 28th. We didn't hear anything from anyone until last Friday when we got a letter from the courthouse saying they never recieved the paperwork saying she got served & would not take any action.

    The paralegal has the paperwork but somehow it didn't get to the right place and she wants to charge us more money to put it back on the court docket. This seems totally wrong to me because she is the one who messed up. Why should we have to pay more? Is this all standard procedure or are we being railroaded?

    Sorry this is so long, thanks to anyone who stuck through it.

  • #2
    Re: help with paralegal issues?

    Anybody?

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    • #3
      Re: help with paralegal issues?

      I read it and I am so sorry. I sent an attorney $2000 to get action started in another state. I never got anything for my $2000. So, Iknow how you feel, but I don't know what to tell you to do. Maybe try a local attorney??

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      • #4
        Re: help with paralegal issues?

        I am truly sorry about this. As a member of the legal profession, I can completely understand your frustration, and stories like this only serve to give members of my profession a bad reputation. If I were you, I would stop dealing with that paralegal. Firstly, I would insist that you speak to that paralegal's supervising attorney and complain, BIG TIME. It sounds as if you have been railroaded into a divorce/family law factory that just churns out paperwork without any real quality of legal services. I would ask friends/family/coworkers about divorce/family law attorneys in your area whom they would recommend to you. I would NEVER pay anymore money to that paralegal/attys office. DO NOT BE CONCERNED THAT ANOTHER ATTORNEY WILL NOT KNOW WHERE TO BEGIN. Don't fall into the sunk-cost trap. Another attorney will be able to promote your case just as well (if not infinitely better). Just because the old paralegal has all the paperwork and knows the case from before doesn't mean that they will be any more efficient at getting results quickly.

        If you really still feel upset about the paralegal's performance, file a bar complaint against his/her supervising attorney. Attorney's are responsible for the work product and actions of their subordinates. If you fell that you have been prejudiced by this paralegal's actions I would encourage you to air your complaints formally. You can help other people avoid situations like this in the future. If no one you know has any recommendations look on www.martindale.com for attorney's in your area. Choose an attorney that has a rating of AV.

        Good luck. I hope it all works out for you.

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        • #5
          Re: help with paralegal issues?

          You should just get a trusted local attorney as suggested. Why keep dealing with the paralegal? The paralegal works for an attorney. You should demand to speak to the attorney and deal directly with him or her. Granted he or she may not know the particulars of your case but should be able to direct the paralegal to better deal with your situation until you obtain another attorney.
          The easiest thing of all is to deceive one's self; for what a man wishes, he generally believes to be true.
          - Demosthenes

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