Ask Me Help Desk - Can I act on my own without a lawyer

What do I need to do so I can go in front of a Judge to ask him about why every form I submit is denied. My lawyer doesn't seem to know what he is doing. My son was in a car accident with my sister, the settlement was put into a blocked account for my son which he is a minor. When we first petitioned the court to withdraw funds there was no problem.
Now apparently there was court dates that we didn't know about, because we were not informed, so the case was dismissed. Now that was ridiculous because there was still funds in the blocked account, but we we had no access because the case had been dismissed which makes no sense. My lawyer draws up a form to vacate the dismissal because of mistake on his behalf and it was denied, then he draws up another form and again it has been denied but I don't know why. I'm tired of this running around. Can I go speak to the judge? I need access to the account because my son is going in for surgery to remove the rod and pins from breaking his right femur due to the accident. Can you give me some advice to help me on this situation.

Quote:

Originally Posted by Didamlex

What do I need to do so I can go in front of a Judge to ask him about why every form I submit is denied. My lawyer doesn't seem to know what he is doing. My son was in a car accident with my sister, the settlement was put into a blocked account for my son which he is a minor. When we first petitioned the court to withdraw funds there was no problem.
Now apparently there was court dates that we didn't know about, because we were not informed, so the case was dismissed. Now that was ridiculous because there was still funds in the blocked account, but we we had no access because the case had been dismissed which makes no sense. My lawyer draws up a form to vacate the dismissal because of mistake on his behalf and it was denied, then he draws up another form and again it has been denied but I don't know why. I'm tired of this running around. Can I go speak to the judge? I need access to the account because my son is going in for surgery to remove the rod and pins from breaking his right femur due to the accident. Can you give me some advice to help me on this situation.

Can you give me a State and (approximately) the sum of money involved - was this an insurance settlement that was placed in a trust account? I don't understand what a blocked account is, not familiar to me.

Once the accident settled and the settlement was, in fact, paid - the matter was over. I don't understand how this happened - and I guess neither do you.

I'm pretty sure the Judge won't talk to you - and was there a Guardian appointed for your son and his finances?

I would DEMAND an explanation IN WRITING from the Attorney - and I would want it now. And if you don't get it within a reasonable period I would be knocking on the Bar Association's door - and I'm not joking.

Something doesn't make sense here - I'm not sure the Attorney is 100% truthful.

I believe what they are calling a blocked account is one where the settlement money was put into a form of a trust account for the injuried minor to get when they turn 18, but can get some funds out if the court feels they are being used to pay medical bills. Most likely it will be easier to get the funds after the operation and they bill you, and you sumit the bill with the motion to the court, and they would release funds directly to that doctor.

I know this was similar to my son's accident and they put funds into an account for him, but the parents were not allowed access to the money.
Since we had insurance we did not ever need to get to the money, but would have had to go to court to get the money.

But yes the judge can rule the way he wants, and no you can't just go down and talk to him, Your attorney could request a hearing on the motion.

The state is California, and the sum was from the other driver's insurance. The total was $30,000. My sister was appointed guardian ad litem and the funds were divided between my sister $12,000, my son $15,000, my nephew $1,500,and my 2 nieces $750 each.
My sister received I think maybe 1,000 and my son's total was $8,497 this lawyer took more than his share. It was put in a blocked account which is I guess a trust account because he is a minor. But we already withdrew funds from the account once and I was added to my son's case as guardian ad litem. There was no problems then, but what we didn't know was there were court dates that either our attorney or ourselves were expected to appear. Then when I went to submit the forms to withdraw from the account that's when I was told the case was dismissed.

Quote:

Originally Posted by Didamlex

The state is California, and the sum was from the other driver's insurance. The total was $30,000. My sister was appointed guardian ad litem and the funds were divided between my sister $12,000, my son $15,000, my nephew $1,500,and my 2 nieces $750 each.
My sister received I think maybe 1,000 and my son's total was $8,497 this lawyer took more than his share. It was put in a blocked account which is I guess a trust account because he is a minor. But we already withdrew funds from the account once and I was added to my son's case as guardian ad litem. There was no problems then, but what we didn't know was there were court dates that either our attorney or ourselves were expected to appear. Then when I went to submit the forms to withdraw from the account that's when I was told the case was dismissed.

Something isn't right here UNLESS this a double headed lawsuit - the insurance company settled but another company, another driver, another responsible party did NOT settle. For example, you are a passenger and are injured in a two car accident. "Your" driver settles; the other driver does not and the case goes on.

Is that possible? Was there a SECOND Defendant and that was not settled?

Once the insurance money is in the account there is just no way that case (involving the settlement) was dismissed.

When you find out what's going on here, please post and let us know - this really is a puzzle.