Property dispute allegation

[Blong]

What is the name of your state (only U.S. law)? NY


I moved from New York City to Georgia this year. Split the assets and property by decree, left the separated property at a rented garage and gave key to lawyer to pass on to ex's attorney.

There were allegations of missing and broken things but I have no knowledge of what occurred after I left the garage as I was there only once to put stuff in. It was brought up and my lawyer had told them they have the burden of proof, they had no one else inventory or make a record of the condition of the stuff. Never heard a word about it again

Recently, they filed a show cause order after waiting almost a year about missing and broken items. All of which was put into the garage.

Do they have a case? Do I need to rehire a NY lawyer or a Georgia attorney? Do I wait to be served? My former attorney has retired and dissolved his practice.

 

[justalayman]

sure they have a case/ The question is: do they have a winning case and that is what the court will determine.


If this is filed in NY, you need a NY attorney, or one licensed or permitted to practice in NY.

 

[Blong]

Is there a rule of law about this type of thing? what does it take to prevail in this type of thing and was my original attorney correct about proof?I feel like this is nothing more than just harassment having to get me to go back and hire another lawyer.


The timing is odd and not coincidental because she just found out I am getting remarried.

 

[justalayman]

None of that really matters.

You can either ignore it (not a good idea) or you can address it. In addressing, you can either comply or attempt to have the order quashed. It is unlikely you will succeed in quashing the order but will likely be required to comply Since the court has already issued the order, the ball is in your court now. Unless you the ability to argue this on your own, you have little alternative than to hire a lawyer to assist you.

You might be able to have an attorney appear for you for this. You would have to speak with a NY attorney to determine if that is possible in your situation.

what exactly does the order demand of you?

 

[Blong]

So far it is not an order from the court but they are asking the court through this for damages and reimbursement for items they claim are missing. It goes back to her sabre rattling over a year ago when my former attorney told her lawyer to essentially pound sand.

There is an itemized list of things that were left in the motion. I have nothing, nor did I ever keep anything on that original court order. It is nothing more than fabrications.

I do have a witness who was with me when we put all the stuff into the garage, her own daughter.

 

[justalayman]

either there was a show cause order or there isn't. You said there is.

so, when a court actually issues one, address it.

If you have not been formally served with something, there is nothing to do.

 

[Blong]

either there was a show cause order or there isn't. You said there is.

so, when a court actually issues one, address it.

If you have not been formally served with something, there is nothing to do.

I'm sorry, it is a motion to show cause from her attorney to the court

 

[justalayman]

I'm sorry, it is a motion to show cause from her attorney to the court

so, you either respond and address it or she will likely win her associated request for action by the courts due to your lack of defense. If you would rather not go to NY, I would contact a NY attorney to see if an attorney can represent you in any actual hearing.

 

[Blong]

so, you either respond and address it or she will likely win her associated request for action by the courts due to your lack of defense. If you would rather not go to NY, I would contact a NY attorney to see if an attorney can represent you in any actual hearing.

I am not trying to be difficult and I am aware of what you said now needs to be done. My basic questions are these:

Was my prior attorney correct that the burden of proof would be on her and it would be a very weak case?

What do the judges look at when there is one word against the other and nothing to back up her claims?

Also, she was caught in several significant lies before the court during the case. Her reputation in front of this judge in my opinion is probably not very good.

 

[justalayman]

Blong;2655581

Was my prior attorney correct that the burden of proof would be on her and it would be a very weak case?

at this point, she has made a request the court take some action against you based upon her claim. You are now in the position of defending yourself. As to who has to prove what; while she bears the duty to prove her claim, in a civil situation, that may be as little as the judge thinks she is more believable, especially if there is no other evidence. It shouldn't, but it could.

What do the judges look at when there is one word against the other and nothing to back up her claims?

if there is no other evidence, they look to the veracity of the parties. If a judge does not believe there is enough proof to support her claim and has not found you to be unbelievable, the judge should rule for you.

Also, she was caught in several significant lies before the court during the case. Her reputation in front of this judge in my opinion is probably not very good.

if there is very limited evidence from either side, it should help you a lot...if it is known to the court. I do not see how you would be able to bring this into court for this situation though but that is something your attorney would explore, I am sure.

 

[Blong]

Thank you for your answers. But your response brought up one final question. Why couldn't her past conduct be brought to light since it sounds like it is going to be a decision based on character and argument? I am not worried, I have nothing to hide and thinking about it,I do have some proof, namely her daughter (they don't speak to each other) who helped me move the stuff into the garage before I left.

I guess it is going to be too much to hope for that with no evidence the case would just be dismissed. It seems to be half of the problems with the courts is the judges don't immediatley dismiss frivilous cases and penalize the filing party.
I wish my old attorney was around that is for sure.