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This doesn't seem right

Started by WhatToDo, Feb 05, 2007, 09:12:12 AM

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WhatToDo

In the beginning of November 2006, my ex threatened me into signing a stipulation. After I signed it, it was sent to the judge for him to sign. However, my lawyer objected to it being signed and told the judge this. The judge wrote my ex a letter saying that my lawyer objected to it being signed so he (the judge) was not going to sign the stip at that time.

Around the second week of January 2007, I contacted the clerk of courts office and found out that the stipulation had been signed by the judge, the last week of December. I contacted my lawyer who had no knowledge of it being signed. I recieved a copy of the signed stipulation in the middle of January but it was sent to me by my ex. This all seems a little fishy to me. (BTW, this judge is now retired.)

My ex seems to have known all along, the exact date the judge signed this.

1. Since the judge notified all parties that he wasn't going to sign the stipulation, shouldn't someone have been notified that he changed his mind for some reason?

2. Is there any way my ex could have forged the judge's signature and had it entered into the court files? (I ask because my ex has been convicted of fraud and forgery in the past)                                                                                                                                    

socrateaser

>1. Since the judge notified all parties that he wasn't going
>to sign the stipulation, shouldn't someone have been notified
>that he changed his mind for some reason?

Your attorney should have asked the judge to formally deny entry of the stipulation, and thereby remove the possibility that the judge might decided that deciding not to sign "at this time" might mean deciding to sign at some other time in the future.

>2. Is there any way my ex could have forged the judge's
>signature and had it entered into the court files? (I ask
>because my ex has been convicted of fraud and forgery in the
>past)

Anything is possible. I suppose that your ex could have claimed to the clerk that he saw the judge who signed the stip and gave it to your ex to give to the clerk. In some jurisdictions this would be nearly impossible, because of the process of getting something signed by the judge. But, as I say, anything's possible.

WhatToDo

Okay thank you. It just seems odd that my ex, who had no lawyer, knew when it was signed but I didn't. And then that my ex sent me a copy of the signed stip and not my lawyer or the courts.

Thanks again for your response!