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Who legally owns this stock certificate?

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sugarsandgirl

Guest
If you can help me with this question, I would greatly appreciate it, thank you. I'm from Minnesota.

"Ace" company is a corporation that has stockholders. Ace pays out dividend checks quarterly to it's shareholders.

I subpeonaed "Joe's" K1's from Ace because I am a judgement creditor.

To collect the money Joe owes me I served a Writ of Execution on Joe's dividend check. Ace issued the court administrators a check for that amount to disperse to me. But, before I could receive said check, Joe's ex-wife brings a motion to freeze that check. Joe's ex wife claims she owns Joe's stock certificate now, even thou Joe's name is on the stock certificate and on the K1's issued from Ace (Joe's name only).

Joe does not claim these K1's on his taxes, rather his ex wife has now for the past two years. The ex wife also states that this is permissible(?). Joe also states that I can't collect my money owed to me from him on the stock certificates because, first of all there was a original oral agreement between Joe and his father for the purchase of the stocks (from father). Joe has not paid off his father. Meanwhile, Joe ends up in divorce from wife, and she in turn assumes the oral agreement for purchase of said stock.

Now I KNOW Joe and his "ex-wife" planned out this whole situation of "so-called-transferred-stock" because Joe owes me TONS of money. Joe is trying to protect and hide his money. In fact, there was suppose to be promissary notes involving all 3 of these individuals as once testified in court, yet no promissary notes unfold. In fact, after awhile these promissary notes became "oral agreements".

My question is: can Joe's ex-wife freeze my check (writ) by claiming that it's actually her money I executed on? even thou stock certificates/K1's have only Joe's name? and can ex-wife claim and file Joe's K1's on her returns, and exactly whose stock certificates are these anyway? Please tell me, thanks again.
 


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sugarsandgirl

Guest
well.....that doesn't sound encouraging!

I did get a reply from my post of "Who owns this stock anyway", but it wasn't very encouraging. It went like this...."now, that's a good question. Let me know when you find out!" Hmmph! Just when I thought I was finally gonna collect some money...another BUMP in the road of justice.

Anybody else out there that can lend some insight to my situation? Or does it basically look like the judge will be the one deciding who is telling the truth?

I was also thinking that since there is no "promissory note" to subpeona, maybe Joe's father "gifted" the stock certificate to Joe. Would there be some kind of (papertrail) on a gift that I could subpeona? Or how about "inheiriting" the stock certificate from his father, or do they have to be dead for a person to inheirit something? Any information would be appreicated. I'm from Minnesota.
 

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