Oh...My...God

[bononos]

What is the name of your state?
OH
I think I should be throwing a party, but I'm not sure.
Does this mean what I hope it means? (I am the plaintiff):

"Judgement on Order of Court" in favor of Plaintiff against Defendant for failure to answer.

I track my equitable distribution suit online, but the actual image of the order is not available yet, just the brief above.

Is this a default win for me?

[brisgirl825]

Yup, congrats to you!

[bononos]

Ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh!
Party In Ohio Tonite!!!

[Zephyr]

congratulations!

[bononos]

I think I would have won either way.
Wow, to be debt free again. No student loans, maybe a new car!!
Yeah, right!
Of course, it will take forever to see the actual $$$.
I'm not even going to let that bring me down though.
Thank you both for the congrats!
I can't stop shaking, this is ten's of thousands, my life savings!

[Zephyr]

the very first money you see should be spent on a day at the spa, getting rid of all the stress that has been building with this

[brisgirl825]

Originally Posted by bononos

I think I would have won either way.
Wow, to be debt free again. No student loans, maybe a new car!!
Yeah, right!
Of course, it will take forever to see the actual $$$.
I'm not even going to let that bring me down though.
Thank you both for the congrats!
I can't stop shaking, this is ten's of thousands, my life savings!

You're welcome! It's nice to hear about a happy ending. Sometimes these boards can be a downer. I'm still thinking about msdad on the custody/visitation board.

I concur with Wannacry's advice. Have day for yourself and let the stress melt away!

[freespeech]

Don't spend that money just yet. If the defendent didn;t answer they have likely been out making themselves judgment proof or will file BK very shortly or have.

[bononos]

This includes my ex's parents, it was considered a conspiracy to commit fraud, so it involves 3 defendants that would all have to claim bankruptcy. Ex may file, but his father owns a business and his mother not only has her name on her own house, but also his brothers, so all 3 filing bankruptcy is slim. This also has gone through the initial complaint, first preliminary objections (P.O.), an ammended complaint, then their P.O. to the amended complaint being overruled, so their atty. has been on this for months. Since Nov. of 2004.
My atty. even sent a notice when the filing date passed initially that they were needing to respond, but still nothing.

Oh, yeah, a day at the spa.
Great Idea!!!
I had a 2 glasses of wine last night as a treat!
Thanks again for all the support from this forum and the members also!

(P.S. As bad and stressful as my situation is, I cannot imagine it being as bad as it must be for the ex of msdad! )

[bononos]

I do have a question.
The final amount is not decided. The final amount of punitive and atty. were not listed. Here is what I want, can I get it like this?

Initial amount requested: $28,000
Interest at 6% over 2 years: $3460.00
Punitive Damages/3 people/$2500.00/person: $7500.00

33% Atty. Percent/Fees: $13,856.00

Total Judgement request: $52,816.00

Obviously, I will run this past my atty., but can I request this legally?

[LdiJ]

Originally Posted by bononos

I do have a question.
The final amount is not decided. The final amount of punitive and atty. were not listed. Here is what I want, can I get it like this?

Initial amount requested: $28,000
Interest at 6% over 2 years: $3460.00
Punitive Damages/3 people/$2500.00/person: $7500.00

33% Atty. Percent/Fees: $13,856.00

Total Judgement request: $52,816.00

Obviously, I will run this past my atty., but can I request this legally?

Possibly...is the money there to actually get?

[bononos]

They did pocket an approximate $45,000 amount after the sale.
That is the actual amount gained after the mortgage amount owed is taken out.

I don't know if a contingent fee can be put into the judgement to recover, if not, I hope the punitive amount can be increased to allot for that large amount since, if they had not done this, I would not have to have lost out on such a great amount in attorney costs and fees.

[bononos]

No Party Tonite!
Just found this tracking my case online:

Dated 09/02/05. Ordered that the default judgment entered in this matter is opened. Defts shall file a response to the complaint today.

Stupid SOB's!!!

[Zephyr]

well even though it's reopened the judge is probably not looking kindly on them jerking the court back and forth. so that's at least one strike for them

[bononos]

Thanks for the vote of confidence.
Since the judgement was made on an "Order of Court" my atty., by law didn't have to send a 10 day notice for judgment, but that's how they got it reopened.
The jerking around part is SO true.
2 prior preliminary objections they were to file were late, my atty. sent the 10 day notice, then they finally filed.
They're doing their best to make this take long.

I read their response, it was filed already. GOD BLESS SEARCHSYSTEMS.NET!

It is full of flat out lies!

They state the renovations weren't done until after my ex sold it to his parents.
NOT!
I have alot, but not all receipts and checks to prove some.
They claim I consented to the sale.
NOT!

There was no way for me to stop it. My name was not on deed or mortgage.
They also filed counter claims, 2 total for $25,000 each against me for a friviolous complaint.
I'm sorry, my life savings, my son's life savings, and the amount of money and work I put into that home is not frivolous.

PLUS, the fact of the matter is - I FILED FOR EQUITABLE DISTRIBUTION AND DIDN'T GET IT!
He sold it for $1.00 to his family, what do I get 50 cents from that?