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Solicitor has marriage cert - I need it

(10 Posts)
tbtc20 Fri 18-Dec-15 19:44:35

Long story short.

Solicitor 1 has my original marriage cert.

I changed solicitor and now solicitor 2 needs cert.

It was requested 4 weeks ago. He has been chased up a couple of times by me (it costs if I ask solicitor 2 to do it).

Today he has finally send me final invoice and statement saying he'll send docs to solicitor 2 once it's paid. I just paid by electronic transfer.

Solicitor 2 needs to cert by the 29th. I am anxious that he won't send it (as you see he has form), that he will claim it takes 3 days for it to be in their account, then it's Xmas...etc etc etc.

My question is this; does he have any right to hold my cert regardless of whether I've settled the account or not? Can I go on on Monday and demand he gives it back? If necessary I can show that the bill has been deducted from my account.

Thanks

wannabestressfree Fri 18-Dec-15 19:46:31

I would turn up... Show the details of payment and wait for it.

VenusRising Fri 18-Dec-15 20:09:42

Go around with proof of payment and demand it.
Good luck!

PitilessYank Sat 19-Dec-15 00:28:39

Can't one usually order an official copy of one's marriage certificate on-line? I have done that. It might not work where you are, though.

Fuckitfay Sat 19-Dec-15 06:46:06

Yes definitely do that as he's only entitled to retain your file until the final bill is paid - make a fuss about him taking four weeks to bill too!
If you married in the UK you could have just requested a new one online - when your solicitor says he needs an "original" it just needs to be an original issued by the Registry office

tbtc20 Sat 19-Dec-15 07:02:35

Thank you.
Yes, I know I can order one online but I don't think it will arrive before I need it. If I'd known he was going to take 4 weeks I would have done so.

I know he can't keep it now I've paid, but I am wondering whether he has may right to keep it even if I haven't paid?

What if he insists that they have to see the money in his account before releasing? Can he do that? It's MY document, not something he's worked on.

tbtc20 Sat 19-Dec-15 07:04:11

This is the question I asked in my OP in fact, that's all I want to know.

Fuckitfay Sat 19-Dec-15 20:19:25

He can keep your document if you haven't paid. A lien over property in lieu of unpaid fees covers all documents the solicitor holds whether originals belonging to the client or a document drafted by the solicitor.

However it was unprofessional to take so long to bill you so you could complain about that. Why does your new solicitor need it by the 29th particularly although of course it is extremely annoying to have your divorce delayed by four weeks plus.

I would be surprised if it takes 3 days to hit the solicitors' bank account, they tend to show up within a couple of hours of a bank transfer on online accounting. I am a solicitor and frequently confirm to clients when their money has been received from Internet banking transfer and it nearly always comes in same day unless client is lying! As long as you have proof of payment I wouldn't think it would be a problem. Why don't you email a screen shot of transfer first thing and confirm you'll be coming in a at X time to collect.

Your last reply is a bit snippy to those trying to help - it's worth making the point about copies marriage certs in case the previous solicitor won't answer you before Christmas and for people who read legal threads as a source of information when in a similar situation.

tbtc20 Sun 20-Dec-15 11:49:31

Sorry for being snippy.

tbtc20 Mon 21-Dec-15 16:29:01

Update.

Phoned solicitor 1 today, got my docs, took 'em round to solicitor 2.

Bosh!

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