Can I have papers served without using a lawyer?

[Cadcom]

i have been awarded ownership of real estate and need a quit claim deed signed by the other party. They are not cooperating. Is there any reason I cannot handle this at the county courthouse without engaging a lawyer? I have the ruling from the court, they are filed but the final piece is the quit claim deed. I assume that they are in contempt of court by not signing the deed but that is just a guess.

Has anyone ever delt with something like this before?

 

[Plinker66]

If you have a judgment I would try to get that recorded in the chain of title ASAP. Go see the real estate recording clerk

 

[Cadcom]

If you have a judgment I would try to get that recorded in the chain of title ASAP. Go see the real estate recording clerk

I’m going tomorrow. Just got to thinking about it this evening.

 

[BamaFan]

Serving someone who is uncooperative doesn't accomplish much. You should record the judgment and then inform the Judge that they are not cooperating. He is the one who can compel them.

 

[Cadcom]

Serving someone who is uncooperative doesn't accomplish much. You should record the judgment and then inform the Judge that they are not cooperating. He is the one who can compel them.

Sounds like a plan.

 

[keith089]

Take a cop, they can serve it! Might have to be off duty

 

[gh1950]

Has anyone ever delt with something like this before?

I have.

You can conduct any legal process on your own behalf without a lawyer.

In this case, the odds of you successfully perfecting your title are remote. You can pay a lawyer now to do it right, or you can wait until you try to sell it or borrow money on it - then the rates go up.

I assume that they are in contempt of court by not signing the deed but that is just a guess.]

Unless the judgment specifically orders him to execute a QCD, he would not be in contempt of court. If the judgment merely awards you his interest in land, or is in the nature of a quite title action, he is not required to do anything. The final judgment should have been framed in terms that would let it be recorded in the deed records so as to perfect the title.

Being "awarded title" is not even close to being an order requiring the opposing party to execute a QCD.

Like most internet legal problems, you present the minimum information for a complex problem with several different resolutions. I wish you well in this endeavor.

 

[Cadcom]

I have.

You can conduct any legal process on your own behalf without a lawyer.

In this case, the odds of you successfully perfecting your title are remote. You can pay a lawyer now to do it right, or you can wait until you try to sell it or borrow money on it - then the rates go up.



Unless the judgment specifically orders him to execute a QCD, he would not be in contempt of court. If the judgment merely awards you his interest in land, or is in the nature of a quite title action, he is not required to do anything. The final judgment should have been framed in terms that would let it be recorded in the deed records so as to perfect the title.

Being "awarded title" is not even close to being an order requiring the opposing party to execute a QCD.

Like most internet legal problems, you present the minimum information for a complex problem with several different resolutions. I wish you well in this endeavor.

It’s in the property disbursement award from my divorce. There is no wiggle room and she signed the divorce decree and it is filed. The quit claim is needed to remove her from my deed that was filed when the house was purchased.

 

[gh1950]

The quit claim is needed to remove her from my deed that was filed when the house was purchased.

Well, there you go. If the final decree doesn't order her to execute a QCD, which a properly drafted (by a lawyer)ndivorce decree would do, she can't be found in contempt for not signing one.

Going out on a limb here, but did you do your own divorce to save those attorney fees too?

 

[Cadcom]

Well, there you go. If the final decree doesn't order her to execute a QCD, which a properly drafted (by a lawyer)ndivorce decree would do, she can't be found in contempt for not signing one.

Going out on a limb here, but did you do your own divorce to save those attorney fees too?

No. I hired an attorney.