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
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
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