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Update on Attorney Meeting re ex's screw up - Pretty Good News !!

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Post  lostinobx Wed Sep 22, 2010 6:20 am

Hi guys,

I decided to create a new post - hope you all don't mind. And, it's long, but, please, please, read!!

I was very nervous going to see this attorney. My boyfriend recommended him, used him for his divorce, plus an Engineer at work knew of him and spoke very highly of him.

So, we get there and as we are talking. It came up that I am a paralegal. He knew the drug prosecutor and the Commonwealth Attorney that I worked for in the late 80's and early 90's, which put me at ease.

Now, to my story. I have them both, the dealership owner and my ex and his wife. Guess I should say all three.

Starting with the dearlership owner. This man sold a car illegally, which we all knew. He did not follow procedures by getting proper ID. Someone else is holding a title that is not signed by me. He is facing losing his license. Being fined lots of money, being sued (criminally) and by the person who bought the vehicle, and some other things the attorney mentioned that I didn't catch. It's a Class 6 Felon6

The attorney told me to start with him. He said to go in and tell him I want to TRADE in my vehicle. I also want another brand new vehicle at the lowest interest rate (no barganing). Tell him that I want it for 5 years at the lowest possible payment. If he balks, tell him then that I have been to speak with an attorney, show him the felony 6 paperwork. Ask him if he wants to start over. See what he says. My attorney said he would be stupid not to, but say, should he chose not to, then just tell him that I am on my way to the Commonwealth Attorney's Office to file against my ex and his wife and him, which will be out of my hands then, and he will br brough up on criminal charges....

With all that said to him, and should he agree to my offer. My attorney told me to sign what he asks me to sign, which would be a POA (keep in mind though that there is NO taking back that original title that was signed by my ex and his wife) regardless of what I sign, even if it states that I myself will not sue the dealer oweer, does not mean that the State vs my ex and his wife cannot still bring the dealer up on criminal charges...that's the catch. My attorney told me to call him when I get that piece of paperwork in my hand to sign from the dealer, just to read to him, so he can advise me, but he assures me that nothing I sign will affect me in any way.

Ok, so that takes care of the dealer.

Now my ex. He was the mastermind of this whole thing. He is the one who initiated this forgery/fraud. Being a Class 6 Felony, which could mean time served, but since it's his/her first offense, probably won't be time served, but definetely should be BOTH losing their cushy 6 figure income salaries. AFTER I finish dealing with the truck, just like Richard said, I have to either go to the magistrate, the police, the CA's office to get a direct indictment, or DMV. I am chosing CA's office. I have more confidence in them prosecuting this case criminally more than the other's. I guess it's because I have worked with the CA's office before. They will not be intimidated by the FBI. But, this has to come after my vehicle is satisfied and all the paperwork is signed by my ex. So, I will be making phone calls anonomuosly(sp) to DMV and the CA's office before starting that process.

Once that is done and I make the initial report to whomever, I will only be called as a witness. It will be the State against him/her and the dealer. Of course, I will gain nothing from this except....oh...I don't know...KARMA, maybe. Or maybe the fact that he cannot go around acting like he can treat people like he thinks he can and get away with it or thinking he is about the law. Think that's enough, huh??

Below is the law re Altering or forging certificate of title or registration card - penalty. I still need to look up Punishment for designated classes of felonies. Have girlfriends at my old law office who can do that for me Smile Just want to see if he can plead down to a lessor crime and just get a SMACK on the hand like has always happened to him...UGH!!

"Any person who (i) with fraudulent intent alters any certificate of title, salvage/nonrepairable certificate, or registration card issued by the Department or by any other state, (ii) with fraudulent intent, makes a false statement on any application for a certificate of title, or registration, or registration card issued by the Department or any other state, (iii) forges or counterfeits any certificate of title, or registration card purporting to have been issued by the Department under the provisions of this title or by any other state under a similar law or laws or, with fraudulent intent, alters or falsifies, or forges any assignment of title, (iv) holds or uses any certificate, registration card, or assignment, knowing the same to have been altered, forged, or falsified shall be guilty of a Class 6 felony. It shall be unlawful for any person to conspire with any other person to violate the provisions of this section"

Again, thank all of you who have helped so much with your advice, responses, encouragement, support, listening, being here, your friendship. Everything. I could not have gone through this without you, all of you. You guys are awesome friends. I appreciate each and every one of you so very much. When things slow down for me. When I finally get some meds for my head. This stress has me at my wits end and has taken a toll on my migraines and CDH. I will be more of a friend than I have been. It's just really been hard to keep it all together lately.

Planning on going to the dealership next week. Moving this weekend and i'm dreading it. But has to be done. Just hope, well, that's not going to happen. Was going to hope my head would be good, but with the daily CHD, you guys know how that goes Crying or Very sad

Please let me know what you think of all this and if you think i'm moving in the right direction. I really do appreciate your advice and comments, your experiences, your knowledge, all of it!!

Hugs!!

lostinobx

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Post  Richard Wed Sep 22, 2010 6:55 am

Excellent ... you know what to do. The hard part is actually doing it.

Do not be concerned abut what the State actually charges your ex with or what he eventually pleas to. Such is not the issue. The actual penalty your ex will pay is the impact on his employment. Follow the money and keep your eyes onthe prize. The karmic consequences are two fold:

1. YOU will step out of the vistim box. THIS is the BIG win.
2. Your EX will have some consequences for his actions. You actually have NO control over what those consequences actually are ... such is up to prosecutors and attorneys and judges and bosses and employers ... not you. But ONLY you can set this wheel in motion.

Best of luck to you ... you CAN do this!
Richard
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Post  Cathy Wed Sep 22, 2010 7:19 am

YOU GO GIRL!!!! cheers

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Post  hpilgrim Wed Sep 22, 2010 9:12 am

Hi-
I am new to your story, having not been on for a while, but I am catching up. I went through a nasty divorce, so I can relate. And I know about the "slap on the hand" issue --- my ex got just that.

Just keep your courage up, and don't let anyone take it away.... God bless,
Holly
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Post  Greeneyes Wed Sep 22, 2010 9:50 am

Just wanted to let you know..that I'm thinking and praying for you.

Supporting you in your efforts. I love you
blessings,
greeneyes
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Post  milo Wed Sep 22, 2010 10:14 am

I hope this all works out for you. Smile
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Post  lesherb Wed Sep 22, 2010 1:14 pm

Wow! If this is the caliber of your brain work when you have CDH, I can only imagine what a genius you are without head pain!

I know nothing about legalities so I am just going to presume this is spot-on the right thing to do.

I agree with Richard about not even thinking about penalties. The best revenge is living well.

My only bit of advice is to wonder if it is wise to post all of this on the forum. You might want to think about that.

Otherwise, YOU GO GIRL!!!!

£eslie
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Post  lostinobx Thu Sep 23, 2010 5:37 am

Richard - I do know and understand that it will be completely out of my control once it is turned over to the proper authorities and they do whatever it is they are going to do. Actually, even if they do nothing, I will still feel like I have one. That is because he will then know that he know longer has ANY control over me whatsoever. He will also know that he can no longer intimidate me in any way, shape or form. To me, that is my BIG win!! Whatever happens to him is his issues, not mine. Yes, I would be happy if they stick it to him. But, like we all know, what goes around, usually one day will come around and bite you in the butt, and sometimes it will hurt - OUCHIE!!

Cathy - thanks sweetie for your support Smile

Holly - that's ok about not following. It's been a long saga. Two years to be exact. Just your responding means a lot to me. Thank you!!

Milo - thanks so much for your support also. It too means the world.

Greeneyes - thanks so much for your prayers, thoughts and support!

Dear Leslie - I appreciate your very kind words. You always say the dearest things. Maybe because I have worked in the law field for over 15 years - could be. Or maybe it's because I know this man to much for my liking - who knows Smile. Or maybe, it's because I have no choice in the matter. I am under a time crunch and I have to get this squared away and no one else is going to do it for me. Yep, I think that's the correct answer Laughing

As far as putting all this on the forum. I have thought a lot about that. But then I thought. I've done nothing wrong. It was done to me and I've nothing to lose. I've already hit bottom, the forgery and fraud cannot disappear. Even should someone read it or see this, would it actually make a difference? I mean, like the attorney said, it cannot be undone.

I do appreciate your concern and your advice. I honestly don't think I am going to run into any problems with it [keeping fingers crossed] because it will not be my name on the indictment, but will be the state vs. them.

BTW Richard - you have an email from me on FB, along with your 3000 and something friends [teasing you] xoxo!!

Thanks again everyone for everything! You guys are awesome!!

BTW - I spoke with dealer yesterday and have an appt to go see him next Wed. Will let you know how that goes Wink

Hugs!

lostinobx

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Post  AuntieBubbs Thu Sep 23, 2010 10:24 am

This is good news for you!

I'm very interested to hear how the dealer tries to squirm out of this next week!! Very Happy
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Post  lostinobx Thu Sep 23, 2010 11:00 am

AB - I honestly don't think he will be trying to squirm out of anything. He has spoken with me on the phone, not knowing anything. Except that I did tell him that I THINK I have decided that I don't want to keep my truck, but I want to trade it in, on a car, with a low interest rate, a low payment. His response was "sounds very doable." Smile

So, when we go next week, and I take all my paperwork, I will sit and listen to what he has to say to me before I go into my very nice ladylike talk about the seriousness of what has been done. There will be no threats, no blackmail, nothing like that. Just the facts. Will take it from there and hopefully leave with my car. cheers

lostinobx

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Post  cupatea Thu Sep 23, 2010 11:14 am

I'm really proud of you. I can only imagine what kind of stress you must have been under lately, and to have come as far as you have with the pain is admirable.
One step at a time....I'm thinking of you!
xo

T
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Post  lostinobx Thu Sep 23, 2010 12:01 pm

Tea - thanks so much for your kind words. Honestly though, I am mentally, emotionally, physically and I could keep going, drained to the point that I could fall apart. Don't think I have ever been under such stress in all my life, including when he told me he wanted a divorce and didn't give me a reason, and I left my GREAT paying job and moved to another state.

My head, well, because I cannot be treated for migraines for a year, is now back to full blown migraines and chronic daily headaches. My only med is topamax and elavil, which I am almost out of.

With job ending next week, no money for Dr. or meds. Except with AB's advice on Glasko prescription help. Which right now, having to go file unemployment and being able to make these new car payments (maybe), insurance on vehicle, phone, etc... will not be able to afford much else for a while. So, no pain meds for a long time yet. That was the only thing that has kept me going along with my daily cocktail of meds. Not sure how I will be able to function, but my stress level is so high right now, I'm trying very hard not to focus on that, even though my head is KILLING me.

So yes, sweetie. I never thought I would be able to do what I have done. I have always been under someone else's control and always been intimidated by that person or another. I do feel a great accomplishment. A small one maybe, but one I handled and did on my own. Of course, I asked for and received great advice from all of you. And, very thankfull for all of it and for my BF.

So, thanks for your sweet words. Yes, one thing, one day at a time. That's all any of us can do.

Hugs to you!!


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Post  AuntieBubbs Thu Sep 23, 2010 7:42 pm

Lost, I know he won't, hon, its a figure of speech. Wink He'll be squirming inside, I'm sure, because he did something that was against the law, you know? He should be very cooperative!

I hope you can get some help with your scripts with the info I had on the assistance program. It saved me literally a couple hundred dollars a month. I would not be able to my migraines at all without that program.
Maybe your dr. office will let you work out a lower payment since you're uninsured, or make payments? Some of them do. My nuero didn't offer me a lower rate, but let me make payments, and my GP's office offered me a discounted rate when I explained my situation to them. I felt weird about telling them my financial problems, but after awhile, pride kind of takes a back seat to practicality, you know? I've had to learn a whole new way to live - where and how to grocery shop, buy clothes, economize, cover my prescriptions, manage my dr visits. Its been educational, to say the least.

But getting that info about the GSK assistance program here on the board saved my life, really. So I'm happy to pay it forward Very Happy Just PM me if I can help you with the application process. I hate to hear that you're suffering because of the expense of the medications Sad I don't know if there are any free clinics in your area, but you could try that option if there are - just to get them to do the application for you so you can get your meds for free, you know? Anyway, PM me if you want to talk about it.
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Post  lostinobx Fri Sep 24, 2010 5:25 am

AB - thanks for the laugh this morning, I needed it sweetie. I have been so stressed that I didn't understand what you meant. Thanks so much for explaining it to me. Sometimes, things just go right over this hurting head of mine!!

After all is said and done with this ONE thing that I am dealing with and I move on to the next thing. I will PM you to discuss the med situation. Thanks so much for offering to help me with it because I know that I will need help.

I did find out that I will have insurance for this month only. I think I told you guys that they were going to cover me before I found out that my job was ending at the end of this month - all of this was in another thread. And in that thread I mentioned that I could be covered but not for my pre-existing condition - migraines, for a whole year. Now, because of my job ending, my insurance also ends the end of next week. So, I only got the papers last week while going through all of this stuff. And my ins. ends next week. Now how in the he$$ am I suppose to find a new Dr. between now and Fri. and deal with all this other stuff - mind you I still have to work everyday except the day I took off to drive 100 miles to this dealership on Wed.???? Don't know how im going to fit that in.

Oh well, anyway, will have to figure something out AB, because I really need to get that paperwork signed, right, at least so I wont have to pay extra money to see the Dr.

My point is, I will be getting in touch with you very soon. I can hardly think straight this morning. Moving today to the house my BF bought for us. Smile He is the sweetest man! But have ohhhh so much to do.

Hope all of you have a great weekend. Big hugs to each and all!!

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Post  alli Fri Sep 24, 2010 9:22 am

This is awesome! I am so glad that you can move against that idiot. Pat yourself on the back for getting out of victim mode and into a place of empowerment. It's tough when someone you once loved turns into someone you don't even recognize. It's a lost feeling and I'm glad you've been able to move out of that. You Go!!
cheers
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Post  AuntieBubbs Fri Sep 24, 2010 10:45 am

Lost, your dr's office may have the GSK application on file in their office. Mine did. I called GSK to send their app. to me, and it took them a month to do that (!), only to find out when I got to the dr. office that the nurse practictioner had a binder with the forms in it. So you might ask when you call for an appt if they have the Bridges to Access application form there and can you stop by and pick one up?
I think GSK will fax one to you also, which of course is faster, but I didn't have access to a fax machine, or a printer to print out a PDF, so I had to have them mail me hard copy, which is why I had to wait for snail mail. And boy was it ever!
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Post  VickiG Sat Sep 25, 2010 2:21 am

I've been off the computer for the past week, except for a couple quick emails and posts to Facebook about the international students, so I didn't see your post until now. I am so glad that it looks like things are going to work out for you with your vehicle. I remember that you wree on the verge of losing it altogether, and now you are looking at getting an even better vehicle at a good rate! Really push the dealer to give you the best deal possible on this, since he committed a criminal act AGAINST YOU! Point out that it wasn't just against the state but AGAINST YOU! You, in the kindness of your heart, are willing to sign a paper that you won't sue him for his criminal act AGAINST YOU, but in return, you need him to show his true penitence in giving you the best deal possible. I'd even try to push for the base price of the vehicle, although you probably won't get quite such a good deal.

I'm really sorry that you're about to lose your health insurance and medicine coverage. I hope that the program Auntie Bubbs suggested will do you some good.

I'm just really glad that you are being lifted from the doldrums where you were just a couple weeks ago! Things are working out!
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Post  CluelessKitty Sun Sep 26, 2010 12:24 am

You are awesome, girl!
I will go to bed tonight thinking no woman has to be a victim ever, thanks to YOU!

Great job, Lostinobx ! such a strength!

Risa
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Post  lostinobx Mon Sep 27, 2010 9:01 am

Alli - Thank you! It is so nice not being the victim any longer. Have been or felt like one for so many years, not because I chose to act or be one, but because it was how I was made to feel.

I do feel like now I finally have a little bit of power. Haven't felt this way in forever. It kind of scares me some. I'm almost afraid that it might blow up in my face, or that Karma will get me in the end.

I have never done anything to hurt anyone in my life. Don't have a mean bone in my body. Have always let people walk all over me. But, at the same time, look at how I have been treated. And, I'm not just talking about my lst ex, I'm talking about my 1st husband also. So, now that I have stood up for myself and taking control of my situation, my life, it's a little intimidating. But, it's been a LONG time coming. I mean, what do I have to feel guilty about?? I haven't done anything wrong or anything that I need to explain, defend, justify, right?

Vicki - Thank you sweetie. I know that you are dealing with so much yourself and I appreciate you taking you time to come and be supportive of my problems.

I think I was more on the verge of losing it than I actually wanted to admit. I was ready to throw it all in and call it a day. Cannot ever remember feeling that way or being that stressed, hitting rock bottom like that, feeling I had nowhere to turn or go. And, the migraines/CDH had come back with a vengance and that made everything even worse. But, I knew that if I didn't continue fighting, waking up every morning, even when I didn't want to, who would handle it for me? No one!! I also knew that I was NOT going to let him take me down AGAIN. Hell would freeze over before I gave into him one more time by letting him intimidate and control me ever again.

In all the research I have done re the dealer and what constitutes losing his license, fines, possibly 50,000 in suit, criminal charges, all he has to do is break one law - he has broken in my case 4, possibly 5. Twisted Evil So, I just might get a better deal than expected.

Risa - your post made me cry. Thank you so much for your kind, thoughtful words of encouragement. You know when you are going through these things, or things so stressful, plus suffering from such a debilitating disease, the last thing you feel is strong or awesome.

It's people like you Risa and others here on this forum that lift you up and encourage you, help you see who you can be or who you are. Who give you strength, support, advice, or just listen. You guys offer your friendship and are some of the best friends a person could have because you understand what it's like to live this way. I feel so very fortunate to have found all of you and I thank you all for that!

Hugs!


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