QUESTION
Can I set aside a settlement decree that was entered as a final judgment when my name was forged?
Asked on Mar 10th, 2017 on Divorce - Florida
More details to this question:
My case has extremely high assets. I hired an attorney and advised the settlement decree that gives me maybe 1% of marital assets gained during an 18 year marriage along with taking on 100% of the marital debt was forged. He ignored me and without notice filed a motion to set aside for different reasons never mentioning a forgery. The motion was dismissed with prejudice which I was told about one day shy of the statutory period for an appeal. I cannot find an attorney with integrity that will represent my interest without being maneuvered to the other side via personal payment (which is my only guess for the lack of representation and thus the violation of my right under the 14th amendment, which is another claim that has not been pursued or litigated, even though factually the issue absolutely arises), despite whatever I say my attorney’s do whatever helps my ex. I need help. He won a motion for attorney fees just recently using the falsified settlement in the amount of $145,000.00 and is now seeking $500,000.00 in sanctions. I have had a Handwriting Expert do a handwriting analysis wherein he concluded that the settlement decree was not authored by me and was thereby forged and he will testify that he is correct in his finding. He is one of the top 5 Experts in the nation, his CV and court qualifications are extensive and way above and beyond the typical requirements to qualify as an expert of this type. He has testified all over the world and on behalf of many States. It would be a very difficult task trying to discredit his conclusions and how they were obtained. So far I have been very disappointed in the lack of integrity I have seen from the attorney that I was referred to. Looking back I had several signs that something was not right even with the "friends" who referred them. I really need a strong attorney who will only represent my interests not the oppositions or at least give some advice.
2 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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If this was a forgery and your attorney ignored you, you should speak with a Legal Malpractice attorney immediately and consider a complaint to the Florida Bar.
Answered on May 30th, 2017 at 9:29 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Probably.
Answered on May 30th, 2017 at 9:26 AM