Being sued for money that was GAVE to my husband

[Jeremy02]

Scared and Need Help
My husband & I separated a few years ago for a couple weeks and he was living with a man and his wife. While he was there he tried to buy a truck, but needed a big down payment. He said the lady gave him a cashier check for 14,000.00 to put down on the truck and he said he told her several, several times that he did want the money and could not accept it from her and her husband. Finally he said she kept insisting to take it so he did and put the money down on the truck. He said a few days later she told her husband to leave. He said he was like OH my gosh what have I gotten my self in to and he knew at that point that she wanted more out of this deal. He said it not only scared him but he could not believe what was going on. He moved out the next day.

Here is the problem after we got back together he told me about the money and he had the truck with him. The lady called him and wanted the money back or half of the truck, which had a large loan on it. They had no paperwork signed or did not draw up any paperwork, she just gave him the money. A cashier's check which was made out to him and had his name on it.

I know this is a unbelievable story, but my husband swears this is how it happened. He seen her husband later around his job and he stated that his wife was crazy, which I know is besides the point.

Here is where we don't know what to do. She went to her home town of Alvin a year ago and filed a judgement on my husband, then after that we heard nothing else.

In the mean time we sold the truck (which was only in my husbands name). Her name was never on any paperwork anywhere.

Today we get another letter from our Constable stating that the Plaintiff has recovered judgement against my husband. Which the money is now at 21,523.69.

This is how it reads:

You are hereby notified that the above listed Plaintiff has recovered judgement against you in the amount listed, including cost and interest. You may handle this matter in one of the following ways:
1. Remit two (2) cashier's checks or money orders (NO PERSONAL) or COMPANY CHECK) one payable to the Plaintiff for the full amount of judgement as listed about and one payable to Montgomery country constable for the amount indicated above.
2. Designate property (both real and personal) owned by you and subject to execution, that we may sell at public auction to satisfy this judgments.

If this is not resolved immediately, we will proceed to collect this judgement by seizing any non-exempt property found belonging to you according to the law.

This notice is given to you as a courtesy with the intention of saving you time and possible further court costs. Please contact the Precinct Four Office upon receipt of this letter.

Please, please let me know what you think. I have to quit my job a year ago for health reasons. We are trying to live off my husbands check, which goes no where I made the larger check when I was working. We do have a truck 2003 and a van 2002 paid for. We owe a lot on our house. What will happen now. I am scared to death, which is not helping with my illness. We have a checking account together his payroll check is direct deposit and so is my Social Security check. We can not afford a lawyer.

Thank you so much for your help in advance,
God Bless,
Sue Smith

[debtcollector`]

Originally Posted by Jeremy02

We can not afford a lawyer.

You don't have a choice. Pay a lawyer to try and straighten this out or pay the judgement.

You should have fought this in court when you were sued.

DC

[moburkes]

And I can't imagine my husband coming home to tell me that a married woman with whom he was temporarily living GAVE him $14,000 with no strings.

[weenor]

Originally Posted by Jeremy02

Scared and Need Help
My husband & I separated a few years ago for a couple weeks and he was living with a man and his wife. While he was there he tried to buy a truck, but needed a big down payment. He said the lady gave him a cashier check for 14,000.00 to put down on the truck and he said he told her several, several times that he did want the money and could not accept it from her and her husband. Finally he said she kept insisting to take it so he did and put the money down on the truck. He said a few days later she told her husband to leave. He said he was like OH my gosh what have I gotten my self in to and he knew at that point that she wanted more out of this deal. He said it not only scared him but he could not believe what was going on. He moved out the next day.

Here is the problem after we got back together he told me about the money and he had the truck with him. The lady called him and wanted the money back or half of the truck, which had a large loan on it. They had no paperwork signed or did not draw up any paperwork, she just gave him the money. A cashier's check which was made out to him and had his name on it.

I know this is a unbelievable story, but my husband swears this is how it happened. He seen her husband later around his job and he stated that his wife was crazy, which I know is besides the point.

Here is where we don't know what to do. She went to her home town of Alvin a year ago and filed a judgement on my husband, then after that we heard nothing else.

In the mean time we sold the truck (which was only in my husbands name). Her name was never on any paperwork anywhere.

Today we get another letter from our Constable stating that the Plaintiff has recovered judgement against my husband. Which the money is now at 21,523.69.

This is how it reads:

You are hereby notified that the above listed Plaintiff has recovered judgement against you in the amount listed, including cost and interest. You may handle this matter in one of the following ways:
1. Remit two (2) cashier's checks or money orders (NO PERSONAL) or COMPANY CHECK) one payable to the Plaintiff for the full amount of judgement as listed about and one payable to Montgomery country constable for the amount indicated above.
2. Designate property (both real and personal) owned by you and subject to execution, that we may sell at public auction to satisfy this judgments.

If this is not resolved immediately, we will proceed to collect this judgement by seizing any non-exempt property found belonging to you according to the law.

This notice is given to you as a courtesy with the intention of saving you time and possible further court costs. Please contact the Precinct Four Office upon receipt of this letter.

Please, please let me know what you think. I have to quit my job a year ago for health reasons. We are trying to live off my husbands check, which goes no where I made the larger check when I was working. We do have a truck 2003 and a van 2002 paid for. We owe a lot on our house. What will happen now. I am scared to death, which is not helping with my illness. We have a checking account together his payroll check is direct deposit and so is my Social Security check. We can not afford a lawyer.

Thank you so much for your help in advance,
God Bless,
Sue Smith

Because you ignored the notifications regarding the lawsuit, it is very likely too late to undo the judgment. To collect, she can garnish your husband's wages, freeze your bank accounts and place liens on your vehicles and home. Most states allow you to keep personal and/or real property up to a certain amount, but that is limited.