SoSorry

[wjkmbsullivan]

I was divorced in 1984. I obtained a judgement against my ex husband after that when he didn't pay the bills he was supposed to according to our divorce agreement. To protect my credit, I paid all of his obligations and was garnished by the IRS for his half of taxes due too. He was skipping around jobs a lot and I was never able to garnish his wages. The judgment expired and I was unable to have him served again to renew the judgement. Well, his obituary posted in the paper today, and I am wondering if 25 years later I have anyway of collecting on this judgment. I have since remarried and have my oldest starting college in the fall of 2010 and this money would come in handy right now. Any advice???

 

[Ohiogal]

Defense of laches. You have very little if any chance -- give it up. His death is NOT a lottery ticket for you.

 

[LdiJ]

Defense of laches. You have very little if any chance -- give it up. His death is NOT a lottery ticket for you.

While I agree that there is little chance she could collect, it was still money that was validly due to her, and therefore I doubt she was viewing it as a "lottery ticket".

His other creditors will certainly be going after his estate as well. Are they all viewing it as a lottery ticket as well?

 

[Ohiogal]

While I agree that there is little chance she could collect, it was still money that was validly due to her, and therefore I doubt she was viewing it as a "lottery ticket".

His other creditors will certainly be going after his estate as well. Are they all viewing it as a lottery ticket as well?

By a lottery ticket, I meant a big cash payout. That is NOT what his death will be. Why? Because of the very first phrase YOU used. I am not saying that the money was NOT validly due to her but after 24 years she could have taken other steps to collect it -- gotten judgments and liens against his property and such. She didn't.

 

[wjkmbsullivan]

I guess I thought I had said that I did get a judgement and that it expired. This guy had nothing to put a lien on. How can I be viewing this as a Lottery Ticket??? I was not legally supposed to pay these bills. But did to keep my credit clean. And then followed the steps to try and get my money back. I wasn't looking for your criticism here. Typical post where someone just wants to hear themselves!! SOSORRY I posted this.

 

[MFinancier]

Just a thought...not really my area...but check to see if he has a will that is going to be probated...maybe you can file a claim against it?

 

[Ohiogal]

Just a thought...not really my area...but check to see if he has a will that is going to be probated...maybe you can file a claim against it?

If he has nothing then there is nothing to put a lien against. And if the judgment expired she would have to file a contempt or other action against the estate for something that happened 24 years ago and therefore the defense of laches kicks in. Oh but I just want to hear myself type. Isn't that obvious?

 

[MFinancier]

If he has nothing then there is nothing to put a lien against. And if the judgment expired she would have to file a contempt or other action against the estate for something that happened 24 years ago and therefore the defense of laches kicks in. Oh but I just want to hear myself type. Isn't that obvious?

Well...I don't know about you...but I'll be at Heinemans Winery on Put-In-Bay real soon...listening to myself drink not type

 

[mistoffolees]

If he has nothing then there is nothing to put a lien against. And if the judgment expired she would have to file a contempt or other action against the estate for something that happened 24 years ago and therefore the defense of laches kicks in.

How much effort would she have to show to beat that defense? She said that the tried to serve him and had the IRS garnish his return. If she could show an ongoing, continuous effort to recover her money that he had managed to avoid (I don't think this is likely, but just hypothetically), would there be a chance of recovery from his estate after 24 years?

 

[Ohiogal]

Well...I don't know about you...but I'll be at Heinemans Winery on Put-In-Bay real soon...listening to myself drink not type

Have a glass for me. I could use some. Hmmmm ... wine.... I need a trip to PIB I think. A little mini vacay.

 

[Ohiogal]

How much effort would she have to show to beat that defense? She said that the tried to serve him and had the IRS garnish his return. If she could show an ongoing, continuous effort to recover her money that he had managed to avoid (I don't think this is likely, but just hypothetically), would there be a chance of recovery from his estate after 24 years?

When was the LAST time she tried to serve him and have his refund garnished and put a lien against his property? If the JUDGMENT expired, that is a bigger issue. Because she could have RENEWED the judgment and didn't.

 

[LdiJ]

When was the LAST time she tried to serve him and have his refund garnished and put a lien against his property? If the JUDGMENT expired, that is a bigger issue. Because she could have RENEWED the judgment and didn't.

Right, she made a mistake in not renewing the judgement. However, that doesn't mean that she isn't entitled to ask if there is some way to collect from his estate. The answer is no, there isn't, but her question wasn't a foolish or stupid one.

 

[Ohiogal]

Right, she made a mistake in not renewing the judgement. However, that doesn't mean that she isn't entitled to ask if there is some way to collect from his estate. The answer is no, there isn't, but her question wasn't a foolish or stupid one.

I never said it was a foolish or stupid one.