While I was married, my ex-wife and I hired a contractor to do work on our House.
Our Divorce Decree states :
1.) That we were to each split all profit and all incurred bills of the marital residence 50-50 until it sold.
2.) We had no children and were only married 8 months.
3.) My ex-wife was also to use her maiden name.
While we were married:
- We hired and paid a contractor to do a job on our House.
- We paid him $2000.00 (1/2 of $4000.00 contracted amount)
- The Contractor did not finish the job, disappeared, and did a shoddy job.
- We refused to pay him the other 1/2, as we had to pay another company to finish and correct his work.
Still Married:
- That first contractor then slapped a lien on our House of $4400.00, which included his "other" 1/2 of the contracted price of the job and his attorneys fees of $2400.00. Total lien on House $4400.00
We divorced, but still owned the House together:
-Shortly after the contractor put the lien on the House, my wife and I later divorced (other issues).
- The House was now listed for sale but had a lien on it.
1.) So now my Ex-Wife and I sued that contractor in Small Claims Court.
2.) We were BOTH listed as the Plantiffs in the case and won a Judgment of $2000.00 (the 1/2 we originally paid him before he disappeared).
3.) The contractor's Counter Claim of $4400.00 was denied and he was awarded nothing.
Three months later House sells:
1.) At the House closing, we also split all profit of the house and bills owed, 50-50, as stated in our divorce decree, and we prove that we satisfied the lien of $4400.00.
Lingering Matter: (6 months later)
The Contractor never paid the Judgment:
1.) Without me or my knowing, my Ex-Wife went to the Clerks Office (Small Claims case was in a different county then where we were divorced) and has started proceedings to collect on the Judgment of 2K. (Please keep in mind that that Judgment was for shoddy work performed while we were still married).
2.) 60 days has passed and I have asked her several times to go with me to the Court House to add my name to the now "new case number" for garnishment but she has not been cooperative and makes excuses why she can not go.
3.) I was told that the Clerks Office thought that we were still married as my Ex-Wife's name appears using my last name (not her maiden) on both the Judgment and “her” now “new garnishment case”.
4.) When I asked the Clerks of Courts to please, add my name, and I told them that this is my Ex-wife, and we do not live together or communicate too well, the Clerk’s office said no.
5.) They said I may have to sue my Ex-Wife if she collects anything and she does not split the proceeds with me (as mentioned, the Judgment is in both of our names).
Problem:
- I do not want to have to sue my Ex-Wife. It would be fairer if the Clerk’s Office would simply add my name to the new garnishment case or spit the check 50-50 on any money collected.
- It seems as though my Ex-Wife simple fooled the Clerk’s office into allowing her to collecting on a Judgment where we were BOTH the plaintiffs.
- In doing so, my Ex-Wife is now acting like the “sole collector" and has bared me from obtaining information on "her" new garnishment case against the contractor for the 2K.
If anyone could shed some light, I would greatly appreciated it.
Thanks!
Georgia
Our Divorce Decree states :
1.) That we were to each split all profit and all incurred bills of the marital residence 50-50 until it sold.
2.) We had no children and were only married 8 months.
3.) My ex-wife was also to use her maiden name.
While we were married:
- We hired and paid a contractor to do a job on our House.
- We paid him $2000.00 (1/2 of $4000.00 contracted amount)
- The Contractor did not finish the job, disappeared, and did a shoddy job.
- We refused to pay him the other 1/2, as we had to pay another company to finish and correct his work.
Still Married:
- That first contractor then slapped a lien on our House of $4400.00, which included his "other" 1/2 of the contracted price of the job and his attorneys fees of $2400.00. Total lien on House $4400.00
We divorced, but still owned the House together:
-Shortly after the contractor put the lien on the House, my wife and I later divorced (other issues).
- The House was now listed for sale but had a lien on it.
1.) So now my Ex-Wife and I sued that contractor in Small Claims Court.
2.) We were BOTH listed as the Plantiffs in the case and won a Judgment of $2000.00 (the 1/2 we originally paid him before he disappeared).
3.) The contractor's Counter Claim of $4400.00 was denied and he was awarded nothing.
Three months later House sells:
1.) At the House closing, we also split all profit of the house and bills owed, 50-50, as stated in our divorce decree, and we prove that we satisfied the lien of $4400.00.
Lingering Matter: (6 months later)
The Contractor never paid the Judgment:
1.) Without me or my knowing, my Ex-Wife went to the Clerks Office (Small Claims case was in a different county then where we were divorced) and has started proceedings to collect on the Judgment of 2K. (Please keep in mind that that Judgment was for shoddy work performed while we were still married).
2.) 60 days has passed and I have asked her several times to go with me to the Court House to add my name to the now "new case number" for garnishment but she has not been cooperative and makes excuses why she can not go.
3.) I was told that the Clerks Office thought that we were still married as my Ex-Wife's name appears using my last name (not her maiden) on both the Judgment and “her” now “new garnishment case”.
4.) When I asked the Clerks of Courts to please, add my name, and I told them that this is my Ex-wife, and we do not live together or communicate too well, the Clerk’s office said no.
5.) They said I may have to sue my Ex-Wife if she collects anything and she does not split the proceeds with me (as mentioned, the Judgment is in both of our names).
Problem:
- I do not want to have to sue my Ex-Wife. It would be fairer if the Clerk’s Office would simply add my name to the new garnishment case or spit the check 50-50 on any money collected.
- It seems as though my Ex-Wife simple fooled the Clerk’s office into allowing her to collecting on a Judgment where we were BOTH the plaintiffs.
- In doing so, my Ex-Wife is now acting like the “sole collector" and has bared me from obtaining information on "her" new garnishment case against the contractor for the 2K.
If anyone could shed some light, I would greatly appreciated it.
Thanks!
Georgia
