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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I live in the US. A UK lawyer is trying to put a lien on my

Resolved Question:

I live in the US. A UK lawyer is trying to put a lien on my ex wife's property in the UK in respect of unpaid legal fees that I owed him from 2004. Although I am on the title deed I have told him that I gave up my share of the property to my ex wife as I was financially unable to pay her maintenance after 2010.
The court case is next week. The lien will be automatic unless I put up a defence.
How do I ask for a delay?
Where can I find a solicitor who can help me?
The original debt was £9k. He is claiming £18k plus escalating costs and interest.
I am a US resident but British citizen.
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. The lawyer is not entitled to claim your debts against property belonging to another. Your ex wife is not liable under what is known as the Statute of Frauds - these means she is not liable for your debts unless she agreed to be in writing. You can find another solicitor to defend you here

www.lawsociety.org.uk .

In the mean time I would write to the solicitor as follows:

- Say he has no write to enforce your debt against the property of your ex wife;

- Say that under the Statute of Frauds she is not liable for your debts;

- You believe they are committing unlawful harassment under S.40 of the Administration of Justice Act 1970 - which is a criminal offence;

- If they do not write to immediately confirm a stay on the legal proceedings (while you obtain legal representation) you will hold them accountable for all costs incurred by you and reserve the right to report to the solicitors regulation authority

https://www.sra.org.uk .

- Say in the mean time you reserve all your rights until you have obtained legal advice, including the right to deny liability for the debt.

Kind regards AJ

Expert:  Clare replied 1 year ago.

Thank you for your question

I note that the property remains registered in your joint names and this I am afraid is why you will struggle to prevent the lien on the title

However all is not lost and with some further information it may be possible to find a way forward.

When was the Decree Absolute and was a Financial Agreement sealed by the court at that time?

Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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