How to Know if Your (Ex) In-Laws HATE You.

10/06/2014 BowTieLawyer Leave a comment

Divorces don’t only end a marriage. A lot of times they end friendships and extended family connections.

Once that divorce is final sometimes a clean break is best. Sometimes a clean break is not possible…So, how do you know if your former in-laws hate, hate, hate you?

They sue you!

In one case, shortly after an acrimonious divorce was final, the ex-husband received a notice from the bank that his account was being garnished. The call came quickly.

Q: “What is this? How can I be Garnished?”

A: “Someone has a Judgment against you…”

Legal research revealed a law suit in Justice Court. A Default Judgment was entered, which included a money judgment. A Writ of Garnishment was also filed. All of this done, by the way, with NO notice or service on the Defendant.

Who was the intrepid filer, you ask? The now ex father-in-law. He was mad, to say the least.

As justice requires, these actions were set aside. A Motion to Set Aside and Stay of Garnishment were filed. Notice and actual process was served on the opposing party, the proper way. It was proven that the ex father-in-law provided an address he knew to be incorrect for the now ex son-in-law resulting in no notice or process. As there was no Process – meaning actual notice or service, the judgment was void and set aside for a do-over.

What was the issue? A missed vacation and a non-refunded deposit. Yes. The ex father-in-law sued for the return of a vacation deposit that he planned, he paid, that he owed, that he decided not to take because the “family blew up.”

So, can you sue your ex in-law for a missed vacation? Yes. Will you win? No. Should you? No. Does that make you a terrible person? Could be…

Matthew Thompson is a Divorce Attorney in Mississippi and suggests you not sue your family members, if you can help it.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms.

Divorce, General Legal, Opinion

Why Clients Hate Lawyers.

10/02/2014 BowTieLawyer 3 Comments

It can be a love-hate relationship.

http://itsjason.net/wp-content/uploads/2014/02/love-hate-baby-300×199.jpg

Nobody likes a lawyer until you need one. Then you love them, until you don’t. –Matthew Thompson

Clients hate lawyers for many reasons, but most commonly it is due to the following;

Poor Communication. Communication between lawyers and clients is the #1 complaint. Both, lawyers and clients, are busy. Sometimes its hard to communicate effectively and in a timely manner. This goes both ways and each needs to try to be responsive.
Poor Advice. Just because they are a lawyer does not mean they know everything. Sometimes lawyers get it wrong.
Don’t Do What They Say They Will. Procrastination or not capable of doing what needs to be done, when it needs to be done.
Charging for Everything. Every call, text, email and message, office appointment, and even when they are just thinking about your case.
Misleading About the Total Charges. This is why I hate billable hours. It’s almost always more than “you” think.
Hard Advice. This is different than poor advice. Hard advice is telling you what yo don’t want to hear, but need to hear. Sometimes lawyers are the messenger that gets shot (figuratively speaking, I hope).

Up next? Why Lawyers Hate Clients! Stay tuned.

Matthew Thompson is a Family Law Attorney in Mississippi and tries not to do things to be hated, at least by his own clients…

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms.

Divorce, General Legal, Modifications, Opinion

Lie Detectors! How Judges Know When YOU are Lying…

09/30/2014 BowTieLawyer 1 Comment

The legal system relies on those persons within it to tell the truth. All parties, the lawyers and judges are expected to be honest at all times!

When testifying a witnesses takes an oath. This oath includes that they “swear or affirm the testimony you are about to give is the truth, the whole truth and nothing but the truth, so help you God.”

However, this oath is sometimes nothing more than mere words to the witness. Here’s the scenario: A witness is testifying about their actions. On the day in question there are photographs showing him, in his truck, parking his truck and exiting his truck, placing him where he says he was not.

Q: Whose truck is this?(shown a photo of his truck)

A: I can’t tell from the picture.

Q: Whose tag is this?(shown a photo of the tag)

A: Oh, that’s my wife’s truck.

Q: Who drives that truck?

A: We both do.

Q: Who was driving it that day?

A: I don’t know what day…

Q: Look at the date stamp on the picture.

A: Oh…that day, that was me.

Q: It’s true isn’t it that you parked your truck in front of your exes driveway?

A: You can’t tell from the picture whether I am parked or whether this is just a still shot of me driving by.

Q: This next photograph is of your truck with the driver’s door open and you getting out, correct?

A: Yes.

Q: Who is that in that green t-shirt?

A: I can’t tell from the picture who that is. (It’s him!)

Judges apply the smell test to determine your veracity, your truthfulness. This fellow’s testimony did NOT pass the smell test. He knew he was NOT telling the whole truth. He lost his credibility on something seemingly trivial. Judges listen intently and judge you. That is their job. If you lie about little things or are “cute” with your answers then they may assume you’ll lie about big things.

Matthew Thompson is a Divorce Lawyer in Mississippi and recommends you tell the truth and nothing but the truth…but only answer what is asked.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms.

Divorce

A Client’s Pet Peeve; Not Knowing the Answer.

09/29/2014 BowTieLawyer 1 Comment

A lawsuit is subject to the rules of law. These rules were designed by lawyers to be implemented by lawyers. It makes it very difficult to handle lawsuits and legal matters without a lawyer.

The law and common sense do not always go hand in hand. Due to this what you think the answer is and what the correct answer actually is can be vastly different. I try to anticipate and answer a client’s questions before they are asked. And, I certainly try to answer them when they are asked. However, lawyers fall into the trap of speaking in legalese and sometimes the response is lost in translation.

You as a client have to say when you do not understand. You have to ask that it be answered again. By not doing so, it is implicit that your question was answered and that you understood. On numerous occasions I have found that by speaking with a client that something I thought was clear and understood was in fact NOT. As a client you cannot allow this to go on. Don’t be bashful, Ask. Ask again if you have to. It’s your case, your life, and your money.

Matthew Thompson is a Divorce Litigation Attorney in Mississippi and encourages you to ask questions until you understand the answer.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms.

Divorce

Contempt, Fine$ and Your Toothbrush; Disobeying Court Orders

09/17/2014 BowTieLawyer 2 Comments

Contempt is the willful refusal to follow or abide by a valid Court Order.

Contempt is what the Court finds when you 1) do NOT DO what you have been Ordered to do, or when you 2) do what you have been Ordered NOT to DO.

The most common finding of Contempt is failure to pay child support. A willful failure to pay child support usually leads to a finding of Contempt and if repeated can lead to very bad results. It is the most common contempt ground leading to incarceration. A finding of contempt can result in fines, the payment of the other side’s fees and possibly incarceration.

However, you can be in Contempt of any valid Court Order if you do not follow it. This can include violating a No Contact Order– meaning you are to not have contact or communications with a certain person and if you do you may be held in contempt.

So you can be held in contempt for NOT doing what you should, ie: pay support or for doing what you should NOT, ie: contacting a person you are barred from contacting.

So, what do you do when there is a valid Court Order? Follow it to the letter.

What happens if you don’t? Well, you better bring your toothbrush…

Matthew Thompson is a Child Custody Lawyer in Mississippi and reminds you to NOT do things that can lead to your incarceration.

Divorce, General Legal, Opinion

HOW NOT TO TESTIFY IN COURT!

09/16/2014 BowTieLawyer 1 Comment

Courtroom testimony is nerve-wracking. You’re under oath, in the spotlight and half of the time you are being questioned by someone who is likely out to get you. However, there is one thing to NOT do.

Do NOT interrupt.

Do NOT interrupt the person examining you. Do not interrupt whoever is asking the question and do NOT interrupt the Judge. It never ends well, even if what you have to say is very relevant and important. Wait. Say it when asked or when explaining your answer. Also, do NOT just volunteer information. A Question is asked, an Answer is given. If there is a moment of silence or a pause while the next question is being formulated there is no need to fill in the silence with talking. Be still.

Read more on testimonial war stories here and child testimony here.

Matthew Thompson is a Family Law Litigation Attorney in Mississippi and does his best to not interrupt the Judge.

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You may also contact Matthew with your family law case, question or concern at

(601) 850-8000 or Matthew@bowtielawyer.ms.

Child Custody, Crime, General Legal, Opinion

FLAG on the PLAY; NFL is NO Moral Authority

09/15/2014 BowTieLawyer 1 Comment

Moral authority is authority premised on principles which are independent of written laws. As such, moral authority necessitates the existence of and adherence to truth. Because truth does not change, the principles of moral authority are immutable or unchangeable.

The world has been abuzz the last week over two NFL scandals. The first involved Ray Rice assaulting his then-fiancee, committing heinous acts of domestic violence, and the NFL’s wrist-slapping until the video of the act came to light. The second was Adrian Petersen taking a switch to his 4-year old child, leaving numerous switch marks, welts and breaking the skin on the child.

There has been much attention on both and the good from this will be the light shined on domestic violence and proper child discipline. Neither of these incidents were proper, nor excusable. However, what the NFL does or does not do should not change your view on either incident.

The NFL is there to make money and provide entertainment. That’s it. If you are looking to the NFL to have a true moral compass or for real role models you are looking in the wrong place. Look to your local neighborhoods, communities and own family for true role models. The professionals, pastors, educators, mothers and fathers – those that give back and do the right thing when no one is looking. Those are the ones to emulate, if anyone.

The NFL is not designed nor equipped to be role models- they are designed to make money and entertain.

Don’t want to be constantly disappointed? Aim higher.

Matthew Thompson is a Family Law Attorney in Mississippi, coach of the U7 Girl’s Purple Rush, assistant den leader and involved in numerous community activity groups.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at

(601) 850-8000 or Matthew@bowtielawyer.ms.