Breaking up is hard to do

I have decided to replace Atty.

He doesn’t know what he is doing.

I cannot even get a cohesive response and a definite result for a request for a letter?

Here is what I requested: 2 weeks ago tomorrow,  I asked atty to ask Bro’s atty to write Bro a letter. In it would be an order to comply with me from here until the sale of the house and to hand over a copy of each key to me.

A letter that would take 10 minutes to write, half a second to email and it would be cc’ed to me.

I never got the letter, only a lot of farting around from Atty.

None of this makes sense: a simple letter and I cannot even have that. What is the big problem? “Bro’s atty said to me he wants this case to be done” I was told — and I said, “So what is the big deal? Bro knows the house is for sale so why am I getting such difficulty having a letter sent to me?? Where is the letter I requested?” to this, he said nothing.

For all I know anything could have happened — I considered strongly the fact that Bro’s Atty simply never said “I want this case  to be done” — but for all I know, maybe my atty never even contacted the guy at all — and he is stalling for time. making it look like Bro’s atty won’t cooperate.

What sense is this making?

I have no evidence that he even asked other atty for that letter. In fact, I never even got a reply to my request; I made via email — I emailed the request to atty; I had to call him a couple days later to see what transpired!

Is this right? Is this the way to run a business?

What I do know happened:

I requested — 13 days ago — a letter from Bro’s atty — and I never got what I asked for.

This is bad news.

All I got was — and these were the responses I got from Atty  over a course of 2 weeks, starting with last Wednesday afternoon — “I’ll ask again… oh let’s wait until after the holidays…let’s give it a few more days; he says he is trying to reach Bro…let’s give it another day….let’s give him an ultimatum; lets wait until Tuesday…” Holy wow….inexcusable and nothing but a stall. I cannot continue to retain this guy. Absolutely NOT.

Trying to reach Bro?

Who’s kidding who? Everybody has a phone; everbody’s got email!

Uh, I said this to Atty too and I got…gee, you guessed it…”Oh, I know.” And he left it at that. NO such thing as “trying” to reach somebody. That’s bullshit.

I also said “Today is Wednesday — he is home right now; I hear him walking around upstairs.” Who’s effing around here: you, or the other atty???

2 days ago,  the last time I spoke to him after I got “…wait until Tuesday” — “want me to reopen the docket?” I told him I’d let him know — and hung up.

What’s the story? It’s just excuse after excuse and “I’ll try again” “i’ll ask again” “I’ll ask again”??? Bullshit.

The Dodgers will return to Brooklyn and they’ll find Jimmy Hoffa, Amelia Earhart AND the Lindbergh Baby before I get the letter I asked for. Guaranteed.

How I would have handled the request for that letter, if I was an attorney? Made 3 requests — and sent them all to my client as a CC — and upon the third try being a nugatory, contact my client and say “I cannot get a yes out of Joe Blow, the attorney. Here is what I suggest we do next…” and then give what is the next step. But…I never seemed to get that at all.

I had to keep chasing HIM to see what that status of my request for that letter was. Isn’t he supposed to be doing all of the work FOR ME?

What has happened here: this is a immiscible, amorphous mess.

And it it egregious that this atty has stalled and dropped the ball and given me so many answers to one question and then he comes up with another one.

First it was “oh this is our word against his; he has no proof he paid” — I was told this right before I handed over 5 pounds’ worth of my checking account statements, every single one from 2007 up until October of last year. And then it was “oh no, a judge will only give you half the damages. Famiiles throw around money”; this, on the day of the 4 way meeting in August.

You’d better believe I was livid when I heard this. The meeting was at the other office, a good 25 miles from here; I do not know how I even got home that day, that’s how upset I was.

I don’t even know if this mess can even be unraveled and jump started by another attorney. This has turned into a fuckup and mess that I never considered would happen.

I thought for sure this case would be over and done by May at the very least, even with the extra 35 days that Bro more or less requested. I figured it’s hand in the evidence, a judge hears the case and there is a decision. But one thing after another seemed to happen.

I handed in all that data — NOT easy to obtainand not cheap to pay for! — and then….

There was dead air…..

Nothing at all, until JULY. That’s when there was that first meeting scheduled and then that meeting never happened.

And I can’t get the keys — Atty claims it is because “bro is part owner” — that makes no sense at all; I am a part owner TOO! I cannot change the locks myself…holy gee whiz because I will get into trouble. It’s just not allowed, for heaven’s sakes!

I don’t give a proverbial tinker’s damn anymore “what is not allowed”??? What is not allowed BLOWS, in my opinion.

But it was just aces for a guest to call a locksmith and change the locks. How does any of this make sense? HOW does it make sense at all?

I am sorry now I never called the police that day straightaway. And let THEM figure out what to do with that mess. I was blindsided and it hit me like a ton of bricks. caught off guard? And how.

And I cannot even approach Bro at all verbally about getting the house sale underway — not only will he make yet another annoyance call to the cops, turns out — this is according to Atty — that he has to “AGREE” that the house be sold! WOW — Bro’s atty has told mine in writing “Bro is not happy the house is being sold”! Isn’t Bro more or less alluding to the fact that he knows what my decision is and cannot do anything about the sale; he has no other choice but to cooperate??

I said that exactly to Atty about a month ago and he said….

Nothing.

Just dead air.

THis whole — THING — thing, not a legal case for partition — has changed more than the proverbial chameleon — too many times. It’s now turned into a rotting pile of dung, NOT a legal timetable.

What happened to expediency in expediting a lawsuit?

What happened to a proactive,  ballbuster of an attorney  who knows what he is DOING???

What happened to my rights? What the hell happened here, period?

The annoyance calls to the cops is harassment and abuse, if you ask me. He is trying to manipulate me and hold me at bay and use that as his ammunition to control what is going on here. There has to be something that I can legally do about that. He just can’t keep popping off and calling the cops. Why isn’t his attorney telling him to cut it out, simply from a standpoint that these are annoyance calls?

It is harassment, too, with GF jumping on the bandwagon and acting just as childishly as he is. Monkey see monkey do. How sickening.

Screaming at me “If you touch my flowers, I will call somebody. And if I  move your things, you can call somebody. That was the agreement”? There was no “agreement.” Who is mental here??? (Long story and I am sick of the soap opera that’s existed since she got here a year ago)

And I would say plenty more that is x rated but this is not “my” board to say it on. That’s the agreement, eh? Ha HA.

This is the other mess I have: she’s some kind of nutter and I am reluctant to even be anywhere near her. I am not scared of here but she’s got some kind of problem; insisting there is an agreement? Wow.

6 weeks ago I told atty that I want the house sold. A month ago I told Bro and he called the cops.

And after a month  went by  by after that call — that would be yesterday —-, not one letter from Bro’s attoney to mine asking about the status of the case. And not one inquiry from my atty to his, asking “what with your client; hasn’t he gotten it together yet? My client and I are waiting a month; what’s going on”?

And Bro’s atty should be saying to Bro, “Whether or not you like it, the house is going to be sold. Do you want this going to a judge? he will order the sale of the house. Get your act together and comply or you can find somebody else to take your case.” Why isn’t he saying that to him? Oh sure: this is his client bla blah but wow — he can see where this is going: tell him to get his act together.

It’s like the bottom fell out of this entire thing! This cannot be normal. It cannot be. Not possible. The 2 of these monkeys just let it GO???

And if I do nothing, I guarantee you this thing will sit and stagnate. From a legal standpoint maybe the case will  “Expire.” Didn’t one of you say there is more or less a time limit after a lawsuit is filed?

And as one of you kind people pointed out, the annoyance calls will continue. And will up until the sale of this home.

Suppose something happens here and I need the cops? How eager do you think they will be to come out here, thanks to his bullshit?

This too was met with a lame “Oh that is crying wolf” by my atty! Gee, just GREAT. Get your shit together and start being PROACTIVE. (I daresay that if I never contacted Atty again he wouldn’t even try to contact me to see what happened to me!)

And until a judge or somebody tells Bro “cooperate or else” I’m shit out of luck.

Doesn’t either one of these guys CARE? this is now a month later and neither one of you want to find out what’s going on? You just let it sit???

And as for the keys” “Bro is part owner”? Why didn’t I get that information last October, when I met with this guy on a consultation basis??? Why am I being told this, a year after the fact?

Atty is being replaced. Right now, Bro and GF are acting like they won the frigging pentathlon; I don’t know if they think this case is over or  whatever the hell,  but they are acting like they will live here indefinitely — I’ll interview 3 more attorneys and see which one I can choose as the replacement..

When I think of what this has cost me so far — and not just in the way of money — I can just PUKE. And kick this house down brick by brick. This is money I could have better spent for other things, like keeping myself afloat.

I cannot have this “legal case” the way it is right now: sitting stalled like some ole clunker of a car. Nobody’s picked up the ball! Current atty is only gong to stall and make excuses and string me along — let him handle the rest of this case? I wouldn’t let him handle a pop gun.

I am spent and beaten and up shit’s creek. Not to mention worried.

My health is taking a toll because of this and don’t ask me how I feel about all of this. And don’t ask me how I feel emotionally. I feel like life has stopped for me. (I tried to find a counselor about a year ago and no dice. The recommendations I got last year from the county mental health led me to this freebie public office — I canot see how they are pemitting these people to counsel anybody. There are volunteers running it and they are not adequately educated to serve in that capacity.  Some pukey looking chick with greyish teeth was the “counselor” –“I cannot help you but I can let you vent”? forget it.

The counseling office I went to after my divorce no longer accepts clients from my county. That was out, too)

I can’t see this “legal case” as it is right now getting any better, proceeding with proper expediency or proceeding the way it should if I continue to use this guy’s services. I have gotten nowhere in nearly a year — in about a week and a half it is a year since I filed.

And Atty is telling me that I will not be getting a copy of either key, because “Bro is part owner.”

How in God’s Name does this make sense??? I don’t think that is “all there is to it” — why am I getting the idea that this isn’t true — why can’t I have a COPY OF THE KEYS? Why didn’t he tell this to me last October, when I told him GF changed the locks and I never once got a copy of either key? See where this is going? See why I am convinced this guy doesn’t know legal law from Murphy’s Law???

Let him reopen a docket?

I wouldn’t let him reopen a bag of potato chips.

For what it was worth, I could have DIY with what happened this past year. Waste of MONEY.

I asked him how much more of a fee was going to be entailed from here on in, including up until closing and he couldn’t even give me an estimate. He should know even THAT much, shouldn’t he? I think based on that I need to run like hell — or am I wrong about this?

THis oddly reminds me of this horrible dentist my mother took us to years ago. Guy told my mother that Bro needed a lot of dental work. My mother asked how much the total fee was going to be. “I don’t know; it depends on how far down I have to drill.” We all ran like hell after that.

THis atty is as big a rip off artist as that dentist, I think.

My health and well being can’t take this anymore. I have a metric ton of other problems and the pressure is just horrible. Life has to get moving again for me and I cannot let this mess paint me into a corner I may not ever be able to get out of.

11 thoughts on “Breaking up is hard to do”

  1. Without a partition order that orders that the house be sold, the lawyer is correct: Bro has to agree that the house be sold. The only exceptions would be if your house is condemned or taken in an eminent domain action, and even there, some appeal rights exist.

    A judge can decide to award any or none of the amount requested. You don’t really know until your case is heard. Getting the award is one thing; collecting on it is another. The single advantage that you have is that you KNOW where an asset sufficient to cover the anmount that Bro owes you for you to attach a lien against. Couple that with the partition order and the eventual sale of the house, which is at best is a fixer-upper based on your description, and you get paid.

    1. Somebody who won’t listen to reason: this is what is holding up the whole show.

      “I am not going anywhere” were his last words to me — that was about a week ago. He was whining “I really need a roof” and I said “We also need a back porch; the town took plenty of photos of the porch when they came to look at the garage.” I added, “you ought to be glad you’re getting out” — I said that mainly to see what he’d do and that’s when he said “I am not going anwywhere.”

      I am sick of the delays and farting around and the stories that seem to change later on in the game — this is all on the atty’s part, not Bro’s this time; HOW long does it take to get a simple one paragraph letter?! — does he or does he not know what the heck he is doing?

      I can’t take chances. I just can’t.

      Bro’s atty should be telling him to shut up and get into action or a judge will do it for him. Yes, he wants a client and blah blah blah but wow — time is money and you’re willing to tolerate somebody who is purposely and confrontationally throwing a monkey wrench into the works? Futile and just plain wasting time, if you ask me.

      1. The lawyer doen’t have any obligation to work for Bro once the retainer runs out. His best chance of getting paid is to have the house be sold.

        Can the people at the courthouse help you file your case pro se (acting as your own lawyer)? Because you are unemployed, you might be able to get the filing fees waived by filing in forma pauperis (in the form of a pauper). The petition that you want is twofold: you want the partition ordered, which is probably called a request for partition, and you want to have Bro’s share of the sales proceed reduced by however much you have paid on his behalf. That’s the petition that I would write for you were I your lawyer, and I’m not a lawyer.

        That the judge might award any or all of the reimbursement that you seek is not relevant to what you are petitioning the court to do. You have documentation for what you have paid, and even if the judge rules that you are entitled to only half of what you ask for in terms of reimbursement, giving Bro the benefit of the doubt for paying half, you are still better off than with nothing and stuck in the house with Bro.

        Facts that I would bring into the petition is the previous tax lien that was made on your house and the current requirement from the town that the garage be demolished. Sad to say, but the next step from the town might be to demand inspection of your house for potential condemnation. It is clear from the facts of the case that even combined, you and Bro can’t afford to keep the house and that it is in both of your best interests to sell the house. Maybe Bro can talk GF into using the money from the sale as a downpayment on another house that they will own jointly.

        1. Condemn this house?

          That’s a laugh.

          Let me tell you guys a story:

          About 9 years ago, the house across the street from me was in a serious fire. There litereally was nothing left of the interior — the fire spread within minutes to the roof.

          The guy who owned the house wanted to tear it down and in its place, build a megamansion with 2 or 3 garages as part of the home proper. We residents looked at the floor plan and we said NO. it was also pretty clear that the owner coud take the home and subdivide it into possibly 4 or even 6 dwellings.

          We fought it in the variance hearing and the town counsel hearing and the guy scratched his plans.

          Meanwile, a lot of us have photos of the house that burned — the building inspector came around and deemed it safe to live in! The owner went ahead and rebuilt the home and made it a bit larger.

          There’s no way that house was okay to rebuld or reboot or whatever it is you want to call it — and turn it back into a livable place to dwell. Lots of us took numerous photos and you can see that there really is no way the shell of that house, or what was left of the structure, is sound enough to rebuild around.

          So my home would be condemned? Doubtful.

          Very doubtful. It’s sounder than the rock of Gibraltar.

  2. There is a nonzero risk that a building inspector might want to take a look at a house where the garage has needed to be demolished to determine the habitability of the house. Maybe I am wrong and everything looks good on the outside of your house and everything appears to have been maintained sufficiently, but the things that you’ve stated over time conflict with that view.

  3. I don’t think it is condemnable.

    Bro told me he called a guy to see how much it would cost to yank down the chimney. (I saw the truck leaving; this was about 2 hours ago)

    He says the guy wants about $3500 and can I help him out. I said no and I told him “Bro, the house is being sold anyway…”

    He’s screaming at me he is not going anywhere and he’s hollering he is picking up all the expenses. I said “So let’s see how YOU like it.”

    He told me I was a liar and I had plenty of money and he is going nowhere. “I will call the cops…”

    I said, “Go right ahead and I will show them the letter that I have stating that you know this house is to be sold.”

    I went in to print out the letter and when I returned — about a minute later — I saw his car driving away.

    Sure. Everything here is normal as can be and as great as it can be. God help me. All I want is a good job so I can pay my moving expenses and then go somewhere where I can start over.

    The roof is going, the garage has to be yanked down and the back porch needs replacing. You think I like the fact I can’t pay for repairs? You think I like any of this?

  4. Your garage has a chimney? If Bro is taking bids, he should be sure that the cost includes the hauling off and disposal of all of the waste from the demolition. It sounds like he isn’t getting a written estimate, which any reputable contruction firm would provide.

    He’s been “notified” that the house is being sold, but that letter, as far as I can tell has no legal weight because there has been no court order that orders the hosue sold. Even if you wanted to list the house with a broker now, prior to any ruling by the court, you’d have to get him to sign off on the contract with the broker.

    1. No, it is the house that has the chimney that is falling — it is 2 chimneys we have, not just one. Neither one is in good shape.

      This is going to have to go to court. He won’t give in.

      And wow — you need a good 70K a year as a single person to own a home in this state and that is another thread altogether.

  5. Tell Bro that you, and he can go on the Judge Judy show to settle the case concerning the money he owes you. Any award by Judge Judy’s court is paid for by the producers of the show. So, your brother could get out of paying you the money he owes you. Plus, he and his females could be on TV. The narcissists dream. Everybody will be happy. Also, you get a trip to LA. Who could pass up a deal like that?!

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