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Ex-Wife is trying to collect on a judgement awarded to us both

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mark006

Junior Member
Ex-Wife collecting on a Judgement awarded to us both without me.

Georgia

Background: I had been Divorced 8 months prior to a Small Claims Case. It was concerning a House that we still owned in both of our names (below) .

- My ex wife and I were both Plaintiffs in a Small Claims case against a contractor. The case was in a DIFFERENT county (same state, GA) then where we divorced. We had to sue the contractor in the county of his place of business.

So we were a divorced couple and we were suing a contractor for faulty work done on a House that we were in the process of selling. In our Divorce Decree, it stated that all profit of the House was to be split 50-50.

Note: The House, deed, and mortgage were in both her and my name.
We were married 8 months and had no children.

The Small Claims Case: We sued and won a Judgment for $4000.00 over a non-satisfactory job done on our house.

3.) Both the Small Claims case and the Judgment we both were awarded had my Ex-Wifes name wrong. The case listed her using my last name not her maiden name as our divorce decree stated she to use.

4.) There lies the problem... the name: my Ex-Wife's former last name was listed on our Small Claims case, the Judgement we were awarded, and now a Bank Garnishment case -not her TRUE maiden name.


- The contractor never paid the Judgment we were awarded.

PROBLEMS:
1.) My Ex-Wife, last month, went to the Clerks Office where we won our judgement and started the Bank Garnishement proceedings to collect OUR awarded judgment of the 4K that the contractor owes to us BOTH.

2.) The Clerk's Office was unaware that we were a divorced couple in this case, and that her last name listed on the Judgment was incorrect. Strange she did not tell them.

3.) Therefore my Ex-Wife misrepresented herself using her former married name to start the Bank Garnishment case for a Judgment that was awarded to US BOTH.

So, my ex-wife paid the $72.00 (cost of bank garnishment) to Clerk_s Office and she was given a _new_ case number. This allows, according to the Clerk Office, my ex-wife to proceed in a court action, bank garnishment, on her own, to collect the 4k from this individual and not include me at all.

Question:
1.) Is there a motion that I can file Pro Se, to force my name to be added to the court Bank Garnishment case so that any money collected would be split 50-50?

2.) What if my ex-wife collects part or all the money owed to us both and she does not split the judgment money collected 50-50?

As mentioned, in our divorce, all profit of the House, was ordered by our Divorce Judge to be split 50-50.

To Date:
1.) My ex-wife has not been cooperative to call or fax the Clerk of Court (County were we sued the contractor) to have me put on the Garnishment case.

2.) I was told that my wife has already started the "new" Case of Bank Garnishment and that any and all money would go directly to her.


Please help me!

Thank you!

Georgia
 
Last edited:


Bali Hai

Senior Member
Georgia

Background: I had been Divorced 8 months prior to a Small Claims Case. It was concerning a House that we still owned in both of our names (below) .

- My ex wife and I were both Plaintiffs in a Small Claims case against a contractor. The case was in a DIFFERENT county (same state, GA) then where we divorced. We had to sue the contractor in the county of his place of business.

So we were a divorced couple and we were suing a contractor for faulty work done on a House that we were in the process of selling. In our Divorce Decree, it stated that all profit of the House was to be split 50-50.

Note: The House, deed, and mortgage were in both her and my name.
We were married 8 months and had no children.

The Small Claims Case: We sued and won a Judgment for $4000.00 over a non-satisfactory job done on our house.

3.) Both the Small Claims case and the Judgment we both were awarded had my Ex-Wifes name wrong. The case listed her using my last name not her maiden name as our divorce decree stated she to use.

4.) There lies the problem... the name: my Ex-Wife's former last name was listed on our Small Claims case, the Judgement we were awarded, and now a Bank Garnishment case -not her TRUE maiden name.


- The contractor never paid the Judgment we were awareded.

PROBLEMS:
1.) My Ex-Wife, last month, went to the Clerks Office where we won our judgement and started the Bank Garnishement proceedings to collect OUR awarded judgment of the 4K that the contractor owes to us BOTH.

2.) The Clerk's Office was unaware that we were a divorced couple in this case, and that her last name listed on the Judgment was incorrect. Strange she did not tell them.

3.) Therefore my Ex-Wife misrepresented herself using her former married name to start the Bank Garnishment case for a Judgment that was awarded to US BOTH.

So, my ex-wife paid the $72.00 (cost of bank garnishment) to Clerk’s Office and she was given a “new” case number. This allows, according to the Clerk Office, my ex-wife to proceed in a court action, bank garnishment, on her own, to collect the 4k from this individual and not include me at all.

Question:
1.) Is there a motion that I can file Pro Se, to force my name to be added to the court Bank Garnishment case so that any money collected would be split 50-50?

2.) What if my ex-wife collects part or all the money owed to us both and she does not split the judgment money collected 50-50?

As mentioned, in our divorce, all profit of the House, was ordered by our Divorce Judge to be split 50-50.

To Date:
1.) My ex-wife has not been cooperative to call or fax the Clerk of Court (County were we sued the contractor) to have me put on the Garnishment case.

2.) I was told that my wife has already started the "new" Case of Bank Garnishment and that any and all money would go directly to her.


Please help me!

Thank you!

Georgia
Did you ever think to give your ex-wife the benefit of the doubt?

Once she starts receiving this money, she will probably forward half to you.
 

LdiJ

Senior Member
Ok..first, on the issue of the judgement. Obviously, the judgement was to repay you out of pocket costs to repair shoddy work. Its not "profit". Were those costs paid during the marriage?...by whom? Was any of it punnies?

On the issue of her last name...you are over-reacting to that. Its really immaterial in this instance.

There may be other options to collect your half of the money rather than muckying up the potential garnishment.
 

mark006

Junior Member
Re:

Thanks for responding:

The contractor put a lien on our house while we were still married.

After our divorce we realized that we would have to pay this lien off at the closing and that it would come out of our 50-50 split.

So after our divorce, my ex-wife and I sued the contractor and won.

We later sold the House and at the closing table we had to prove that the lien had been satisfied or the closing attorney was going to deduct 50% off mine and my Ex's profit of the House.

A few weeks ago: my ex-wife initiated a new case of garnishment, on her own, and will not include me.

The Clerk in that county said that If they collect and she will not share it I can sue my Ex.
I really do not want to do that and I am looking for another option.
 

LdiJ

Senior Member
Thanks for responding:

The contractor put a lien on our house while we were still married.

After our divorce we realized that we would have to pay this lien off at the closing and that it would come out of our 50-50 split.

So after our divorce, my ex-wife and I sued the contractor and won.

We later sold the House and at the closing table we had to prove that the lien had been satisfied or the closing attorney was going to deduct 50% off mine and my Ex's profit of the House.

A few weeks ago: my ex-wife initiated a new case of garnishment, on her own, and will not include me.

The Clerk in that county said that If they collect and she will not share it I can sue my Ex.
I really do not want to do that and I am looking for another option.
I am a little confused.

You refused to pay the contractor for shoddy work, so the contractor put a lien on your home, correct?

You realized that the lien was there and sued the contractor and won. So the lien was removed at closing, correct? You didn't have to actually pay off the lien, correct?

Then why is there still a collectable judgement at all?

In any case, suing your ex (in small claims court) for your share, if collected, is probably the proper solution. However, if your name is also on the judgement, then any check is likely to be issued in both names, therefore she won't be able to cash it without your signature anyway.
 

mark006

Junior Member
Re:

I divorced my ex after 8 months becuase she has a terrible habit of stealing.

She also got money back form the utility companies ( one such bill was in my name but she got the check written to her directly) that she has told me about nor split with me per our divorce decree as it stated that all "House bills and profit" were to be split 50-50.

She works full time and makes twice as much money as I do so I do not think it is fair.

Is there a motion that I can file pro se to get the clerk to put me on the garnishment?
 

mark006

Junior Member
Re:

LDIj ... that is Correct on all.... we sued and did not have to pay back the lien...However, the contractor never paid the judgement.

The clerk of courts told me that now that now that my Ex has started the new case of collections that she will get any and all money paid to her and her alone...and that if she does not share it with me then I may have to sue my Ex.

Does that sound right??
 

LdiJ

Senior Member
LDIj ... that is Correct on all.... we sued and did not have to pay back the lien...However, the contractor never paid the judgement.

The clerk of courts told me that now that now that my Ex has started the new case of collections that she will get any and all money paid to her and her alone...and that if she does not share it with me then I may have to sue my Ex.

Does that sound right??
I am still a bit about confused about why there is still a collectable judgement. It would seem to me that the removal of the lien would generally satisfy the contractors obligation to you...since you didn't pay him in the first place, hence him placing the lien.

However, it would seem to me that if the judgement is in both names, that any check to pay off the judgement would also have to be in both names. However if the court clerk says differently, then I can't argue with the court clerk...I don't know your counties procedures.

In any case, this really isn't a family law issue. A local attorney is probably the better source for information.
 

Bali Hai

Senior Member
I divorced my ex after 8 months becuase she has a terrible habit of stealing.

She also got money back form the utility companies ( one such bill was in my name but she got the check written to her directly) that she has told me about nor split with me per our divorce decree as it stated that all "House bills and profit" were to be split 50-50.

She works full time and makes twice as much money as I do so I do not think it is fair.

Is there a motion that I can file pro se to get the clerk to put me on the garnishment?
This is a common theme among wives. To them it's not stealing because "What's mine is mine" and "what's yours is mine or OURS".
 

mark006

Junior Member
Re:re:

Ok.....sorry forgot to mention.

While we were married:

- We did indeed pay the contractor $4000.00.
- That was a 1/2 payment for contracted work to be performed.
- He dissapperaed, did not finish the job, and it was poor quality.
- After his dissapearance , we did not pay him the other 1/2.
- We then hired a NEW contractor and paid that NEW contractor to correct and complete the job not done properly by the first.

- While we were still married:

- Then the previous contractor who we paid the $4000.00 (1/2 payment), a few months later (while we were married still) put a lien on our house for the other half of the contracted job PLUS his attorney's fees.

A month later:

1.) I filed and was granted a divorce and we were to split all profit of the House.

2.) Then my ex-wife and I went to court (both our names are listed on the case and judgement) and won a judgement for the 4000.00 (money we paid to the first contractor who did the shoddy work). ** The contractors counterclaim (the other 1/2 and his attorneys fees was denied).

3.) That contractor never paid the Judgment

4.) My ex-wife has started proceedings to collect without me and will not include me on "her" new case of garnishment collection.

5.) Clerk of courts said I may have to sue my wife if she collects anything.

Please advise
 

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