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Report: #1460016

Complaint Review: Steven d Miller p.a. - plantation florida

  • Submitted: Fri, September 07, 2018
  • Updated: Fri, September 07, 2018
  • Reported By: Mike — Orlando florida United States
  • Steven d Miller p.a.
    950 S Pine Island Rd Ste A150
    plantation, florida
    United States

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Where to start. nightmare dealing with this man. over year and a half to get to court. ex wife had no attorney and he still lost the case. he never requested a court reporter to record the case now I have no chance for an appeal. this lawyer constantly lost my files and had to keep faxing him my taxes over and over. After he got my money he fort me tooth and nail the whole time up to the court date. What started out as 1,500  turned out to be over 5,000 dollars he took me for. The case was for a alimony modification. The biggest mistake of my life. Now my life has been destroyed. This guy is for the other side. If you are a man needing help with alimony modification please do not use this guy he will destroy your life. A complete disgrace as a lawyer

This report was posted on Ripoff Report on 09/07/2018 04:09 PM and is a permanent record located here: https://www.ripoffreport.com/reports/steven-d-miller-pa/plantation-florida-33324/steven-d-miller-pa-took-me-for-over-500000-dollars-plantation-florida-1460016. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
1Author
0Consumer
1Employee/Owner

#1 Author of original report

rebuttal, rebuttal

AUTHOR: mike - (United States)

I had the proper criteria for a modifiction. This lawyer was presented with all the facts in the very beginning. If he felt I didn't have a case he should not have taken the case.

He took the case and kept on taken my money, money that I don't have. The fact is if you own a dying bussiness and have any money in it you are going to loose. Made sure by the Governor. 

This perminent alimony Thing is a money making racket for lawyers preying on desperate men. Sleep well to all the lawyers who keep taken your money and loose 95% of all alimony modification cases. I only wish I had more knowledge about these situations

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#2 REBUTTAL Owner of company

The Truth about Modification of Spousal Support

AUTHOR: Steve - (United States)

What Mike failed to explain is that modificaiton of alimony requires that a person prove that they have sustained a permanent, substantial, unanticipated and involuntary change in circumstances.  In proceeding thrugh those elements, the court looks at a persons finances:  what they spend, where they spend, how they spend, how they keep personal and business records, how much money they have in the bank. A judge will not be impressed if you spend money on "luxury" items, hotels, dinners, tickets, ballgames, etc.,  but still profess an inability to pay a financial obligation to an ex-spouse; especially if you agreed to pay it.  Further,  if a person owns a business, be careful about how your accountant prepares your documents.  Judges are not impressed if the numbers just don't add up.  

At the end of a hearing, a court makes findings of fact.  In a modifcaiotn case, the 1st issue is whether a person has met their burden of proving a substantial change in circumstances.  If the answer is NO (based upon the evidence presented) case over.  A trial judge's finding of fact is rarely, if ever, changed on appeal; virutally impossible.  An appeal is sometimes warranted if the court misapplies the law to the facts as they see them.  The evidence does not lie. Your bank statements, personal and business, tax returns, credit cards will all be scrutinized very carefully. As an example, if you owe somebody $50.00, probably not a good idea to spend $50.00 on candy, charge it to your business, and complain you have no money to pay your debt.  

Last,  a lawyer's job is to give advice based upon the facts and the law that will be applied to the case.  Most people follow their lawyer's advice, that's why they hired a lawyer.  On the other hand, there are those who "know better" and choose to roll the dice and hope they don't crap out.  Lawsuits and gambling are the same.  In the words of the late/great Kenny Rogers (I think he's "late") "you've got to know when to hold 'em and know when to fold 'em."

Bottom line: if you are trying to avoid a financial obligation because your situation has changed; make sure the numbers add up. If not,  make your best deal and "get out of Dodge." If not,  your friendly circuit court judge will see right through smoke and BS  you are peddling.

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