So I reached an agreement with my x wife to pay 11k in 90 days. Her attorney wrote up the agreement in chicken scratch hand written contract I could barely read. My attorney read it to me verbally, I agreed and signed it. We went in front of judge and judge confirmed we agreed to these conditions and said I would be in contempt of court if I did not follow through. Here it is close to 90 days and have not recieved an official order of this agreement from my lawyer or judge. I’m also supposed to receive a quit claim deed before or upon paying. Once again my lawyer does not return my emails and question so I resort to this forum trying to seek understanding of what is going on. To me it appear both lawyers don’t care to settle the case and wants to escalate the situation further for more lawyer and court costs. As far as I can tell nothing is official until I get a copy of the agreement. What is going on here? How does this process work? Am I obligated to take action if I never received a copy of agreement?
It sounds like you have a Memorandum of Judgment/Order. This is a court order that is agreed-on while in court so therefore, it is handwritten instead of a typed, formal order. As long as the Memorandum of Judgment/Order has been signed by the judge and it is file stamped on the top of the first page, then it is a valid order that you must follow, regardless of whether or not a typed order followed the Memorandum of Judgment/Order and regardless of whether or not you received a copy.
Carefully read the wording. If it is clear that a condition of you paying $11,000 is that you receive a signed deed first, then you can’t pay the $11,000 without receiving the deed. But if it says that the money will be paid contemporaneously with the signing of the deed, then you should pay the money before the deadline. Make sure you have a paper trial of paying the money, so pay by check, money order, electronic transfer, etc.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you Rosen law firm. I appreciate your informative forum and helping people empower themselves. Well that proves this is a screwed up court system and would be ashamed of working for the state of North Carolina- if they can’t provide each person a copy of their contract/agreement/memo or whatever you want to call it. It is done in every other walk of life and the state of North Carolina court system should not be above the law. My lawyer read it to me and he could of easily made mistake in explaining the details. The opposing attorney could of manipulated the wording making it open to interpretation. And I certainly should not fork out a large sum of money without quit claim deed which would prevent me from selling my house putting me in financial hardship with no hope of selling.Sad that tax payers money is being used to support a bunch of clowns. And yes, the rumors of the court system being biased toward men now prove to be obviously true. They don’t weigh out the evidence of facts such who is carrying 100% of the financial burden. Gentlemen, I would advise not to ever get married in this day and age, especially not in North Carolina. More and more gold digging women are aware of this and will use it against you for their personal gain and at your expense. It is also evident that these divorce lawyers have a very narrow span of control and really work for judges, It all a big show and a one size fits all judgement in the end.
You can get a copy of any filings, including the Memorandum of Judgment/Order, at the clerk’s office in the courthouse of the county in which it was filed.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.