QUESTION
What can you do if your attorney settled your divorce case without letting you know?
Asked on Apr 01st, 2014 on Divorce - Michigan
More details to this question:
My brother in laws attorney went to court and settled his divorce court case without him even knowing there was a hearing or that he did that. Now, he has ordered to pay extremely high child support, $700 maintenance each month, has to pay for her 40k car and he never even got to argue his side. What can he do?
5 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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1File Motion with the court requesting relief from Judgment.
Answered on Apr 03rd, 2014 at 12:25 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Report his attorney to the state bar, get a new attorney and challenge the order on the basis of lack of representation. Of course, if your brother ignored his attorney's telephone calls and letters, there may be an issue.
Answered on Apr 03rd, 2014 at 11:59 AM
If you attorney settled your case without your knowledge or approval, you can go to Court to get the case reinstated AND file a formal complaint with the State Bar authorities
Answered on Apr 03rd, 2014 at 11:36 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If his attorney went to court, there was no settlement but a hearing or trial. Your brother needs to actually know what happened before he can attempt to straighten it out, if there is, in fact a problem.
Answered on Apr 03rd, 2014 at 10:25 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Hire another attorney immediately and fight it if it is inequitableand if that is not possible and the client really did not know..file a malpractice case against the attorney.
Answered on Apr 03rd, 2014 at 10:04 AM