Subpoena

[RACEMOM2817]

What is the name of your state (only U.S. law)? FLORIDA
I have been representing myself since March when I was served with divorce papers. I was married for 19 years and have 2 children. Since then we have had one hearing on my motion to stop the STBX from selling off marital assets, and also to initiate temporary child support and alimony. Long story short - he is behind in both child support and alimony payments, and has disposed of my son's race car which was addressed in the temporary order "not to be disposed of without a written agreement or court order" I have filed contempt of court charges on all three matters. My question is, the person that now has my son's race car, do I have to subpoena him or will it be enough that I have talked to him on the phone and verified that he does have possession of the car? Thanks for any help.

 

[mistoffolees]

What is the name of your state (only U.S. law)? FLORIDA
I have been representing myself since March when I was served with divorce papers. I was married for 19 years and have 2 children. Since then we have had one hearing on my motion to stop the STBX from selling off marital assets, and also to initiate temporary child support and alimony. Long story short - he is behind in both child support and alimony payments, and has disposed of my son's race car which was addressed in the temporary order "not to be disposed of without a written agreement or court order" I have filed contempt of court charges on all three matters. My question is, the person that now has my son's race car, do I have to subpoena him or will it be enough that I have talked to him on the phone and verified that he does have possession of the car? Thanks for any help.

If you tell the judge that someone else said he has the car, it is hearsay and inadmissible.

If you tell the judge that you saw the car at such and such location, it is admissible, but doesn't prove much (stbx could have loaned it to him, for example).

To really prove the point, you either need to show title transfer documents or have the buyer testify.