Peculiar case (involves property, etc)

[Sorzen]

What is the name of your state? FL

First of all, I would like to if this is in the wrong forum.

Hello FA, I have a few questions that I would like to propose regarding my mother's ongoing court battle.As she is not very proficient in the English language (nor am I, English is my second language so please excuse me if I make any mistakes), she has given me the task of asking other people knowledgeable in this field for second opinions aside from her attorney.

So a few details about the case and where it currently stands as of now:

My mother (the plaintiff) divorced my father (the defendant) on February 2000. Prior to the divorce, the plaintiff and the defendant both owned a restaurant business in Bradenton FL (I was told it was a partnership proprietorship). However, on May 2000, the defendant illegally, and without the knowledge of the plaintiff, removed her name from the business. Following this, the defendant received and deposited into his personal banking account a check on June 2001 from the United States Treasury payable to himself and the plaintiff.

A side note: the plaintiff worked at her ex's restaurant and was frequently underpaid. I am also told that the defendant has cheated SS tax and has incurred numerous bad debt under the plaintiff's SS# and ID over the past 5 years.

Years after the divorce, the plaintiff, upon learning that the defendant was planning to leave the country, finally sought to gain half of his property. As the defendant learned of her plan via her attorney, he disposes of his bank accounts and assets, shifting them to his family members. At my mother's request, her attorney has had the court freeze all of the defendant's accounts and assets, but the attorney did not ask the judge to confiscate his travel documents, even though he poses an enormous flight risk.

The defendant offered today to “sign over” his restaurant and house to her. On the surface, this seems like a good development. However, knowing how unscrupulous he is, I would not be surprised if such transfers are “Trojan horses” laden with liens and he is merely effecting a transfer of liabilities and no net assets. The plaintiff has no title to any property. She has been working in servitude for her ex for decades. On the next court date, the judge will be hearing both the plaintiff and the defendant's stories as well as their witnesses and attorney questioning.

My questions to FA:

1. What is involved in placing a restraining order on the defendant and removing his ability to leave the country?

2. How should the plaintiff proceed? She is running dangerously low on resources to pay for her daily livings, and is luck enough to be on a contingency based plan with her attorney.

I am sorry if I haven't given clear and/or adequate information, and thank you in advance for any assistance.

[LdiJ]

Your mother has an attorney, who is familiar with her case and the details of her case.

The attorney can easily find out if there are any liens against the restaurant or the house. If there are not any signficant liens, then it might be in your mother's best interest to accept ownership of the house and restaurant.

[Bali Hai]

Originally Posted by Sorzen

What is the name of your state? FL

First of all, I would like to if this is in the wrong forum.

Hello FA, I have a few questions that I would like to propose regarding my mother's ongoing court battle.As she is not very proficient in the English language (nor am I, English is my second language so please excuse me if I make any mistakes), she has given me the task of asking other people knowledgeable in this field for second opinions aside from her attorney.

So a few details about the case and where it currently stands as of now:

My mother (the plaintiff) divorced my father (the defendant) on February 2000.

You allude that there is some higher standing with the court being the plaintiff?

Prior to the divorce, the plaintiff and the defendant both owned a restaurant business in Bradenton FL (I was told it was a partnership proprietorship). However, on May 2000, the defendant illegally, and without the knowledge of the plaintiff, removed her name from the business. Following this, the defendant received and deposited into his personal banking account a check on June 2001 from the United States Treasury payable to himself and the plaintiff.

A side note: the plaintiff worked at her ex's restaurant and was frequently underpaid. I am also told that the defendant has cheated SS tax and has incurred numerous bad debt under the plaintiff's SS# and ID over the past 5 years.

Since you don't offer any evidence to the that effect, both of these items are hearsay.

Years after the divorce, the plaintiff, upon learning that the defendant was planning to leave the country, finally sought to gain half of his property.

Why did it take years AFTER the divorce and learning that the "defendant" was planning to leave the country for the property settlement to take place?

As the defendant learned of her plan via her attorney, he disposes of his bank accounts and assets, shifting them to his family members. At my mother's request, her attorney has had the court freeze all of the defendant's accounts and assets,

Whether or not the "defendant" disposes of assests is a matter of easily obtaining the documents to prove whether he did or did not.

but the attorney did not ask the judge to confiscate his travel documents, even though he poses an enormous flight risk.

So what, his assests are here, let him go to the jungles of Borneo and live with oranutang's if he chooses to do so?

The defendant offered today to “sign over” his restaurant and house to her. On the surface, this seems like a good development. However, knowing how unscrupulous he is, I would not be surprised if such transfers are “Trojan horses” laden with liens and he is merely effecting a transfer of liabilities and no net assets. The plaintiff has no title to any property. She has been working in servitude for her ex for decades. On the next court date, the judge will be hearing both the plaintiff and the defendant's stories as well as their witnesses and attorney questioning.

My questions to FA:

1. What is involved in placing a restraining order on the defendant and removing his ability to leave the country?

If the defendant is a citizen of another country, the US has no right to yank his passport unless he has committed a crime in this country, or a crime in his home country with a US extradition treaty.

2. How should the plaintiff proceed? She is running dangerously low on resources to pay for her daily livings, and is luck enough to be on a contingency based plan with her attorney.

I am sorry if I haven't given clear and/or adequate information, and thank you in advance for any assistance.

Are you an attorney wannabe? It seems irregular for a child to refer to their parents as plaintiff and defendant.

[LdiJ]

Originally Posted by Bali Hai

Are you an attorney wannabe? It seems irregular for a child to refer to their parents as plaintiff and defendant.

English is his second language, so that probably explains it.