Thursday, May 23, 2013

115. My Phone Conference With My Attorney, Curtis


My divorce attorney, Curtis Witters, had sent me an email on Monday.  He asked me to let him know the outcome of the bond hearing.  I emailed him back after the hearing explaining that Mark was not given bond and would not be released.  He responded back with this email:

I called Paula right after I got the email.  She set up our phone conference for today at 10 AM.
Back when I hired Curtis in March he immediately filed a motion for temporary relief.  The hearing was to ask the judge to give me the ability to run our two companies and to allow me to short sale our house (like a power of attorney).

Curtis went to the hearing and explained why I needed it.  He also explained that Mark was in jail.  He told the judge that he felt that a mediation would be fruitless since Mark is in jail and most likely wouldn't agree to anything.  Judge Krista Marx denied the request.  She said she still wanted us to go through mediation.  Even  inmates have rights, you know.  So, as you remember, we did go through mediation on the 9th.  And, just as Curtis had said, it was pointless.

I called Curtis right at 10 AM.  He said he wanted to set another hearing with Judge Marx once again requesting the temporary relief.  Mark is in jail until the trial which is months away and maybe longer.  He felt that perhaps now she might agree to our request.

Curtis also explained that he felt we needed to put everything else on hold, for now, until we know the outcome of the trial.  Mark cannot work while in jail.  He certainly cannot run a company.  He has no income.  Basically, discussing any settlement is moot at this point.  Besides, since I am still running All-Safe with Chris, we are all still employed.  Everything will eventually change, but for now it's just status quo.

So, now I just need to wait until the outcome of the hearing with Judge Marx.  At least I won't have the problems I have been having running the company - we will only speak to Mark Walter, or need Mark Walter's signature - and perhaps get the short sale done for my house.

During our conversation Curtis also asked me if Mark's attorney had shown up at Wednesday's hearing.  I told him that she hadn't.  I received this email which was forwarded from Curtis immediately after we hung up:

It's seemed from the question Curtis asked me and the email above Mark's attorney was AWOL.  At least that's what I gathered.

Then, later this afternoon, Mark's attorney reappeared.  She sent an email to my attorney stating that they don't have a copy of Mark's insurance policy.  They want to take a loan on it.  So, here is what has to happen:

- She has to order a copy of it, because they won't mail it to her
- They will mail it to my house
- I have give it to Curtis
- Curtis has to send it to her
- She has to take it to Mark
- Mark has to sign it
- Then she will mail it in for him

Sounds like a lot of fun, huh?

Anyway, at least she reappeared.  She isn't the best attorney in the world, but it's better then anyone having to deal with Mark directly. 

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