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    skargel's Avatar
    skargel Posts: 1, Reputation: 1
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    #1

    Dec 2, 2008, 06:56 AM
    Lawyer changing a judgment without going to court
    We won a court judgment. The payments we receive were to go through a named trustee, however, our attorney and the opposing attorney have been acting as the trustee by having the trustor write the check to us, send the check to his attorney who then sends it to our attorney who in turn sends it to us. This has been going on for the past year.
    We still owe our lawyer some money which we can not afford to pay at this point, but we have been making payments regularly. Our attorney asked the opposing attorney to add his name onto the check written to us so now we can not cash the check. This change did not go through a court process. By our attorney acking as the trustee and asking the other lawyer to add his name onto a judgment that we won, is this legal? Also, what rule/law do we sate to our attorney or the opposing lawyer to correct the situation?
    Thank you
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Dec 2, 2008, 07:38 AM
    Quote Originally Posted by skargel View Post
    We won a court judgment. The payments we receive were to go thru a named trustee, however, our attorney and the opposing attorney have been acting as the trustee by having the trustor write the check to us, send the check to his attorney who then sends it to our attorney who in turn sends it to us. This has been going on for the past year.
    We still owe our lawyer some money which we can not afford to pay at this point, but we have been making payments regularly. Our attorney asked the opposing attorney to add his name onto the check written to us so now we can not cash the check. This change did not go thru a court process. By our attorney acking as the trustee and asking the other lawyer to add his name onto a jugment that we won, is this legal? Also, what rule/law do we sate to our attorney or the opposing lawyer to correct the situation?
    THANKYOU


    I've never seen the Attorney's share NOT come off the top but apparently in your case it did not.

    The Attorney is doing this to probably avoid the need to sue you and get a Judgment for unpaid fees.

    I would reverse this - call the Attorney and the other party's Attorney and ask by what authority/law/"rule" they are doing this.
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