QUESTION

How do I write a judge for the release of funds from my annuity?

Asked on Nov 16th, 2012 on Personal Injury - Michigan
More details to this question:
The judge has already said no. I am hoping to get a different judge this time. The judge didn’t even let me tell him why or read a letter I had wrote asking for the funds and the reason why he just decided before I even got into the court room.
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9 ANSWERS

Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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I cannot comment on why your request for a release for funds from your annuity was denied without a lot more information including your reasons for wanting the money as well as why the money was placed in an annuity to begin with. Typically you must file a "motion" or have a hearing before a judge before he or she will release funds from an annuity. Unless you can show clear bias against you by the judge, there is no way for you to request a new judge. Depending on the county, you might get a different judge due to rotations, illness or other for reasons that you have no control over. Judges will typically permit a release of funds from an annuity if they are for educational, basic needs (food, shelter, medical care) and basic transportation. However, it is up to the discretion whether to release the funds. At a hearing you should be prepared to explain exactly what you intend to do with the money and provide any documentation showing your need. You might want to talk to an attorney about assisting you getting money from annuity. He or she might be able to determine why your first request was denied and what, if anything, can be done to try and get the money.
Answered on Nov 29th, 2012 at 8:19 AM

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Thomas Edward Gates
Getting another judge will not help you since each court action is recorded and the new judge will read the docket and know that you have previously been denied.
Answered on Nov 20th, 2012 at 4:31 AM

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You don't just write to a judge; you hire a lawyer who understands how the judicial system works and then follow the lawyer's advice.
Answered on Nov 20th, 2012 at 4:24 AM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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You may have to take your protest to the Courthouse steps. Make a big sign and have a one page handout to give to people explaining how unfair the judge was.
Answered on Nov 20th, 2012 at 4:22 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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What annuity? What kind? Normally judges don't release "annuities" The clerk of court as probate judge might release funds under proper circumstances. if you have serious funds involved, get you a lawyer who is familiar with probate court you cant just shop around for judges like you would in an ice cream store. And if Judge no 2 knows that no 1 has said "no" he will likely say "no" for the same reason get you a lawyer if there is real money involved.
Answered on Nov 20th, 2012 at 4:19 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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First, a judge probably does not have the authority to order annuity funds to be released. An annuity is a contract and the judge cannot rewrite the contract. If the annuity contract provides grounds or conditions for releasing the funds, if the company administering the annuity will not release the funds, you would file a Summons and Complaint in Common Pleas Court (if you are in S.C.) alleging the specific grounds on which the money should be released.
Answered on Nov 20th, 2012 at 4:08 AM

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Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
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Consult with a lawyer who handles annuity and pension matters for help.
Answered on Nov 19th, 2012 at 8:33 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Since the judge has already said "no", that is your answer.
Answered on Nov 19th, 2012 at 8:29 AM

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Ronald A. Steinberg
You will not get a different judge.
Answered on Nov 19th, 2012 at 8:26 AM

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