(Vanity) How do I pick a lawyer?

n/a | 6/30/01 | Doohickey

[Doohickey]

I've started getting these threatening letters from Los Angeles County saying I owe child support to some lady there I've never heard of. They're threatening to garnish my wages, put a lien on my house, etc.

I have no idea who this lady is. I haven't lived in California since 1984. I've live in Virgina now and have been faithfully married since 1991. The children in question were born in 1993 and 1997.

I've never had to hire a lawyer before. What kind of lawyer do you get for a case like this? Do I get a Virginia lawyer or a California lawyer?

Any help is appreciated.

[Doohickey]

Well, I know they have the wrong person. I doubt LA County is going to take me at my word. They've even got my Social Security number, probably from my tax returns.

[Eva]

My suggestion is to simply call the office that is sending you the threatening letters and tell them exactly what you have told us.

I had a similar experience about twenty years ago. It turned out that someone had used my ID to rent an apt and open checking accounts and was writing bad checks and broke a lease. I simply told the investigators that I had never even been to California and that ended the conversation, that is until I did finally move to California. Then the police showed up at my door with an arrest warrant. It seems that they had never caught the person and she had continued using my ID. The police were very nice and gave us no trouble when we explained.

[Doohickey]

LOL, no. I'm graying a bit, but I don't have "mood hair", nor do I have Rosacea.

[Still Thinking]

LOL! I don't know what goes on in Virginia, so I'll have to take your word for it.

No, I was yanking his chain because he spelled it "Virgina", and with the subject of the thread my usual inclination toward decorum was, sadly, overcome by my opportunism.

[Ed_NYC]

Pick the one that has his/her mouth shut, that means that they're not lying! jk, try this site http://www.attorneylocate.com/ or http://www.lawyershop.com/

[Paul Atreides]

Sorry, I don't know why I said "if."

[constitution]

If you go about this in a certain manner, you may aquire a large part of the state of Calif.

[Doohickey]

So, I should just call Johnny Cochran, then?

[Paul Atreides]

You too, huh? ;-)

[Consort]

How do you pick a lawyer?

First, you buy a pick.
Then you stand next to a lawyer.
Then....

[Tall_Texan]

Take this advice for what it's worth (nada) but I would look for an attorney in California. Find a legal association with good reputation and ask for a recommendation. I agree, you want someone with family law experience.

If you find one you want to hire, ask about his track record, what fees and costs he would charge, etc. Know as much as you can before this gets to a courtroom.

But it's also a good idea to inquire on your own to the agency that is pursuing you. Ask them what evidence they have that you are the parent. Do they have a driver's license number, an SSN, license plate, an address of residence? Ask what other names this women may have had. What is her age, weight, hair color, race, etc? Do they have a photo they could fax? Do NOT ask for an address or phone number of the woman as you don't want to hint that you might respond with any threats or violence. You just want information that would help you recall any encounter at all with this person.

If they provide you with details, you can then go about gathering evidence that this person they are looking for cannot be you (bill statements of the time frame in question, tax returns, other official proof of residence). Agree to mail or fax to them any information you think will clear this up but *do not* send any original documents.

Then, if they don't back off, that's when you hire the lawyer and prepare to fight. Be prepared to submit to DNA testing.

And remember, when you are asking how much you can afford for a lawyer, keep in mind how much the family courts could award this woman for the next 13 years to take care of two kids you don't know. His services could be worth a lot of money you *don't* have to pay out.

[JZoback]

Dumb question

Ever donate to a sperm bank while in Californa?

Would not be the first time a sperm donor was asked to pay child support.

[brityank]

If you need a lawyer, make sure that he/she is not afraid to take on their peers, and get and check some references before you give any retainer.

FindLaw has a list of lawyers in all states. I recommend you get one where you live, and both of you hire a CA one if it is necessary; because if you don't get the case dismissed with predjudice in CA (if it goes that far) the Feds will go after you in VA. I'm not a lawyer, but I have been through divorce and sole-custody cases that I 'won'. (No one wins in divorce; especially the kids.) Good luck.

[PUGACHEV]

You are in for some real trouble. You may need an attorney both in CA and VA, but start in CA. BTW, the reason you're in this mess is because the mother -- whoever she is -- applied for AFDC in CA and the county made her list someone as the father: no father named, no AFDC.

Go to Martindale Hubble, I think they're on the web, and look for a firm specializing in family law in the CA county where all this started. If you can't find Martindale Hubble, then try a CA Yellow Pages. Interview as many attorneys on the telephone as you can until you find one or two that can answer your questions directly and without BS; you can assume these are probably competent and efficient. You will want to set up a paternity hearing in CA where you can have your non-faterhood proven by a blood/dna test. Forget about recovering your attorney's fees, it anin't never gonna happen.

One last word: Good Luck!

[Doohickey]

The thing that bothers me about this is that they've gotten my address and SSN, probably from my tax returns. I don't know where the burden of proof lies in this case. You'd think it was with the plaintiff, but apparently I've been found guilty without benefit of a summons.

[DeaconBenjamin]

California charges interest on child support debts. It's not uncommon for such debts to run in the hundreds of thousands of dollars.

One possibility might be to check in with a local child support office, and ask for their suggestions. If nothing else, they would probably be the ones contacted by California to enforce the California judgments against you, under a law called UIFSA.

You may also check with the Federalist Society and Christian Legal Society, and ask if they have any members in California who have identified themselves as practicing family law.

It is always a bad idea to ignore official mail from a court. Many states have rules which provide that, even if you are proven not to be the father, you still owe money for the time when you were judicially determined to be the father (as in a default judgment of paternity). Default means that you are found to be the father, even though you are not present or represented in court at the hearing. Thus, you may owe thousands or tens of thousands of dollars that cannot be dismissed by an attorney. If things go poorly, and you are politically connected, or have friends in high places, you may ask them to intercede with California. At the least, you can contact your Congressman and Senators (since this is an interstate matter). Likewise, you may be able to get the media interested (i.e., 7 on your side, or the Washington Times). Be prepared to document the fact that you could not have fathered these children, including taking a DNA test.

[fnord]

beat me to it, lol. that's what I get for mowing the lawn.

[PoisedWoman]

What a mess. When it comes time to hire a CA attorney, if it comes to that, give a rabies test and make sure SHE flunks. If you get into that court system, you need a very tough woman to rep you.

Long ago, I was on the other side of a cross-country child support mess. Nothing worked until I hired a snarling, rabid and physically HUGE male attorney to nail my kids' dad to the wall...it worked and payments resumed on time ...

Don't play nicey nice with this. The CA feminazis are out for blood.

[John Jorsett]

One should ask for blood types too, of the children and the mother. Some children's blood types could be impossible to produce with the types of yours and the mother's. DNA testing may not be necessary.