Legal Question in Family Law in New York
divorce
My divorce was just finalized on January 18, There are no children involved, only the house. My ex put the house up as collateral for his business. He said he would refinance the Small business loan in October when he is permitted to do so. In the mean time it is in the stipulation that I get the house. He also has a line of credit on my house, that he is supposed to be paying off, also in the stipulation. He has been late with the payments, has credit cards maxed out and is trying to get money out of me by refinancing. The stipulation states that he is to pay off the line of credit and refinance his small business loan by October. The house then goes in my name. I gave up any attachments to his pension from the Post Office and the business for this house. Right now my credit rating is just about ruines, I can't refianance without his signature (which he will agree to for a fee) and I can;t sell the house until he refinances the business loan. My attorney will not take any of my calls since the divorce was finalized. I still owe him money and I do not want to pay him until he helps me. What course of action can I take.
2 Answers from Attorneys
Get that lawyer back!
1. You have to go back to court.
2. You need a lawyer to be effective in court.
3. Pay the lawyer and get back in there.
Joel's advice regarding a lien is sound but, as this is a matrimonial, it needs the court's approval before an attorney's lien can be filed.
It also sounds like you should attemo\pt to get part of the post office pension.
Re: divorce
Your attorney wants to be paid for the work performed before he or she takes on more billable hours. You can bring an action in either family court or supreme court to enforce the agreement. I would talk to family members or friends that could loan you money that could be used to pay off your attorney to get them to work on this matter or you could offer to sign a lein against the house for the outstanding bill from the attorney if they will take one. It may not be possible for them to take a lein on the house due to court rules on your particular case but you can try.
If you wish to discuss this further, contact me either by e-mail at [email protected] or at 516/746/4747
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