Another lawsuit

A letter from the Clerk of Courts is never a good thing. Another lawsuit from a stubborn creditor. The problem occurred because the lawyers locked up all my assets, increased my living expenses through higher interest rates and out of control court costs. I had sufficient assets and requested repeatedly to be allowed to restructure debt, but that would reduce the kitty that they could raid for legal fees and on that everyone agreed. The opposition lawyer, my lawyer, the judge, even the Guardian all agreed, we can't allow him to restructure debt to benefit both parties, reduce interest rates at the possible loss of control of these funds that could be seized for fees.

A big part of this and I have written proof that it occurred is my own lawyer acting outside his authority. I was required to appear in court, obstensively so that any issue could be resolved with me. Prior to the Trial we agreed he would push hard for release of funds. At the conclusion of the day of me sitting like an asshole in the hall he informed me that he decided not to ask for a funds release (for a rather dumb ass reason explained in another post). Then I asked for an emergency motion. no he wouldn't do that. Then for it to occur at the next hearing, it did, but there were significant delays in getting the order cleared through opposition, the D(2) NYC & local firms. I missed the debt restructure for the third creditor by one week because of this 3 month delay.

But two other major creditors worked with me. They understood that my options were limited by the divorce case and frozen funds. They set up payment plans with reduced principal and interest payments and I paid them. But one creditor wanted it all. So I gave them nothing. It was that or risk the house. Only through my insistence, the two cooperative creditors will be paid in full within 30 days of a QDRO release of one of my retirement plans. Which should be today, but opposition counsel is ignoring the order, and thus exposing me to two more lawsuits. I tried to get the last creditor addressed but stubbornness on all sides would not allow it. And what was the incentive, by default (no pun), I would be left holding the shit bag.

I got funds released, I contacted the third creditor and told them I would shortly have funds, can we set up a payment plan. Sorry we have you tagged as prelitigation, we are determining how we will sue you. I pleaded with them, I have the order, I will have the money, suing will complicate it. We want it – all – now – period.

So the collection agency (as slimy as divorce lawyers) call, they want the whole balance ($30,000) plus substantial penalties ($5,000), plus 28% interest, plus legal fees. They will put a lien on my house and attempt to reprocess anything else I have and will take 25% of gross wages. I offer them an alternative. The money is available, except the lawyers are taking it first. All you have to do is file a brief with the court, objecting to the divorce lawyers getting first crack at the funds.

Creditor: Well, we won't do that.
Me: Why not?
Creditor: We just don't.
Me: But do you realize that they will take all the money and then I won't be able to pay you.
Creditor: That's not our problem.
Me: Well if you want your money your best shot is to get it before the divorce lawyers, they are taking it all.
Creditor: We don't do that, we will sue you and take your house.
Me: Well then I guess you aren't interested in getting your money or solving this problem and that is what I will testify to. You have lost your debt through your own negligence.

Moral of the story: Lawyers are fucking assholes, the lot of them.