Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Debt Collections

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-24-2009, 06:22 PM
Junior Member
 
Join Date: Apr 2005
Posts: 14

CA Settlement made, recourse against divorce decree?


What is the name of your state (only U.S. law)? WA

I posted here some time back about an issue with a property my wife gave to her ex in a divorce decree. The property was foreclosed on and resold about 4 years ago. We never heard a word about this from the lender and the property was repo'd and sold without my wife ever being served papers. Making a long story short, we were contacted by the collection agency and were given an opportunity to get out of this mess for $5,900, total owed is over $40,000. I contacted a Lawyer and had him handle it, the Lawyer received a settlement offer letter, found everything in order so we paid it. This has been hanging over our head for many years so it was quite a relief to finally have this behind us, and the offer seemed fair. The letter relinquishes all further amounts from my wife's responsibility, and further states any additional amounts are the sole responsibility of her ex.

Ok, now the crux of my question. Our Lawyer said we do have recourse against here ex for this $5900 plus legal fees, all this totals a little over $7000. We have seen the lawyer several times over the years regarding this issue. So my questions are:
  • The divorce decree signed by the judge is from 12 years ago, is there a Statue of Limitations?
  • What would be the best way to handle this by ourselves, without involving a lawyer? This amount of money can be eaten quickly doing it through a Lawyer.....LOL
  • Use Family Court??
  • File a contempt of court??

It's not life or death that we collect this money from the wife's ex, but we would like to make life a little miserable over it.

Guidance??
  #2  
Old 08-24-2009, 06:39 PM
Member
 
Join Date: Jul 2009
Location: Tauro Law School
Posts: 257
Trying to recover this money without a lawyer is silly. Sure I could probably perform minor surgery on myself, but I would definitely go to a doctor to have it done.
  #3  
Old 08-24-2009, 06:41 PM
Junior Member
 
Join Date: Apr 2005
Posts: 14
Thanks for that insightful reply**************
  #4  
Old 08-24-2009, 08:37 PM
Senior Member
 
Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,789
I don't think this is a family court issue either, you want a money judgement.
__________________
Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.

-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 07:34 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.