What to do next?

[flumoxed]

What is the name of your state (only U.S. law)? TX

I will try very hard to make this brief. I was divorced earlier this year. My now ex-husband was ordered to pay various obligations including 60% of the credit card debt at the time of separation; the second mortgage; and an amount that he owed me previous to our marriage, as well as some odds and ends - like damage to my second vehicle while it was in his possession. He was awarded the 2nd vehicle with the proviso that he refinance it into his own name by a certain date and that he make the payments on time. If he was late with a payment, I had the right to request the truck be returned to me. If he failed to refinance it by that date, I had the right to request the truck. I requested the truck 3 times. He refused to return it and then stopped making any payments on it (okay, he made a partial payment one month) but had use of it, basically for free, for 2 months and 7 days. He returned it to me with almost $2000 in body damage that he had done while it was in his possession. I filed a motion to enforce the judgment of property division. He had 20 days to respond and failed to do so. I won a default judgment (actually 2 default judgments). Can he not be arrested for failing to respond? He had to be served by a process server, so I am assuming he was subpoened. He was found to be in contempt, yet nothing has happened and I am still not getting paid. Unfortunately, his wages cannot be garnished as we had no children and none of the money owed is alimony. He owns nothing but a vehicle, but he does have a job and the ability to pay.

What is my next step? Sue him for contempt of court? Ask my lawyer to request that the judge issue a warrant for him not appearing for the other two motions?

Any assistance would be great!

 

[LdiJ]

What is the name of your state (only U.S. law)? TX

I will try very hard to make this brief. I was divorced earlier this year. My now ex-husband was ordered to pay various obligations including 60% of the credit card debt at the time of separation; the second mortgage; and an amount that he owed me previous to our marriage, as well as some odds and ends - like damage to my second vehicle while it was in his possession. He was awarded the 2nd vehicle with the proviso that he refinance it into his own name by a certain date and that he make the payments on time. If he was late with a payment, I had the right to request the truck be returned to me. If he failed to refinance it by that date, I had the right to request the truck. I requested the truck 3 times. He refused to return it and then stopped making any payments on it (okay, he made a partial payment one month) but had use of it, basically for free, for 2 months and 7 days. He returned it to me with almost $2000 in body damage that he had done while it was in his possession. I filed a motion to enforce the judgment of property division. He had 20 days to respond and failed to do so. I won a default judgment (actually 2 default judgments). Can he not be arrested for failing to respond? He had to be served by a process server, so I am assuming he was subpoened. He was found to be in contempt, yet nothing has happened and I am still not getting paid. Unfortunately, his wages cannot be garnished as we had no children and none of the money owed is alimony. He owns nothing but a vehicle, but he does have a job and the ability to pay.

What is my next step? Sue him for contempt of court? Ask my lawyer to request that the judge issue a warrant for him not appearing for the other two motions?

Any assistance would be great!

If you get a judgement against him you should be able to do garnishments and liens.

 

[flumoxed]

Garnishments are not allowable in Texas unless it is for Child Support or Alimony. His wages cannot be garnished for anything but that, unfortunately. As far as liens go, no one knows if he even has a checking account. He didn't when I married him and it took a year to make him realize that he was wasting money by having his checks cashed at "check cashing" businesses before he decided to put himself on my account.

That was MY first mistake. Once he was on my checking account, my money starting disappearing like the invisible man.

Thanks, but I still don't know what to do.

 

[seniorjudge]

More info here

https://forum.freeadvice.com/other-crimes-federal-state-4/tax-fraud-436141.html

 

[flumoxed]

He is not responsible for tax fraud. That involved his family. This is a totally different situation.

Thanks.

 

[LdiJ]

Garnishments are not allowable in Texas unless it is for Child Support or Alimony. His wages cannot be garnished for anything but that, unfortunately. As far as liens go, no one knows if he even has a checking account. He didn't when I married him and it took a year to make him realize that he was wasting money by having his checks cashed at "check cashing" businesses before he decided to put himself on my account.

That was MY first mistake. Once he was on my checking account, my money starting disappearing like the invisible man.

Thanks, but I still don't know what to do.

So, you are saying that a creditor who gets a judgement against him for non-payment of a debt is not allowed to garnish his wages in TX? Because that is what you are in this instance, you are someone who can get a judgement against him.

 

[Zigner]

So, you are saying that a creditor who gets a judgement against him for non-payment of a debt is not allowed to garnish his wages in TX? Because that is what you are in this instance, you are someone who can get a judgement against him.

Yep - that's what she's saying.
However, bank accounts are free game

 

[flumoxed]

I forgot to mention a couple of things. This divorce was uncontested. My lawyer negotiated the terms and all we had to do was prove up the case. My ex was in the courtroom when this happened. He said nothing. He had 30 days to appeal it. He did nothing. Now, he is trying to say that my attorney bullied him and that he was forced to sign the decree. I realize that there is no way for him to prove that since he was present and standing in front of the judge during the prove-up.

I have made numerous attempts to communicate with him and try to explain that he is, indeed, legally responsible for paying what he owes. He is listening to two people who have no law experience except their own divorces (which were completely different animals) and is believing every word they tell him. He is also lying to them about various things.

Before we were divorced, we had not yet come to an agreement. He told me that I should have the papers drawn up and that he would just sign them and we would be done with it. Of course, that didn't happen. He wound up writing an e-mail to me telling me that I could have everything and that he wanted nothing. Voila! Agreement. Now he is literally "whining" about that e-mail. He got what he wanted. Nothing.

I have asked my attorney to make a proposal to him in good faith. I kept everything he legally turned over to me in that e-mail. I am offering to return it as he pays me (i.e. he pays 20% of his debt, he gets 20% of that stuff). I have even told my attorney to let him come back with a reasonable counter-offer. The ex-mistress wants so badly to get involved and keeps writing to me telling me that I don't understand the law. I think I do, but I wanted to confirm it here.

If I put forth another good-faith effort and he declines it, after an uncontested decree and two motions to enforce which found him in contempt, won't a judge get really tired of these excuses? I'm thinking that my best next move, should the offer be declined, would be to subpoena him for Contempt of Court. Perhaps jail might make him understand that he is, in fact, breaking the law. Is this a correct assumption?

 

[LdiJ]

I forgot to mention a couple of things. This divorce was uncontested. My lawyer negotiated the terms and all we had to do was prove up the case. My ex was in the courtroom when this happened. He said nothing. He had 30 days to appeal it. He did nothing. Now, he is trying to say that my attorney bullied him and that he was forced to sign the decree. I realize that there is no way for him to prove that since he was present and standing in front of the judge during the prove-up.

I have made numerous attempts to communicate with him and try to explain that he is, indeed, legally responsible for paying what he owes. He is listening to two people who have no law experience except their own divorces (which were completely different animals) and is believing every word they tell him. He is also lying to them about various things.

Before we were divorced, we had not yet come to an agreement. He told me that I should have the papers drawn up and that he would just sign them and we would be done with it. Of course, that didn't happen. He wound up writing an e-mail to me telling me that I could have everything and that he wanted nothing. Voila! Agreement. Now he is literally "whining" about that e-mail. He got what he wanted. Nothing.

I have asked my attorney to make a proposal to him in good faith. I kept everything he legally turned over to me in that e-mail. I am offering to return it as he pays me (i.e. he pays 20% of his debt, he gets 20% of that stuff). I have even told my attorney to let him come back with a reasonable counter-offer. The ex-mistress wants so badly to get involved and keeps writing to me telling me that I don't understand the law. I think I do, but I wanted to confirm it here.

If I put forth another good-faith effort and he declines it, after an uncontested decree and two motions to enforce which found him in contempt, won't a judge get really tired of these excuses? I'm thinking that my best next move, should the offer be declined, would be to subpoena him for Contempt of Court. Perhaps jail might make him understand that he is, in fact, breaking the law. Is this a correct assumption?

Why are you even negotiating with him? Haul him back into court again.

 

[flumoxed]

Thank you for your response and yes, hauling him back to court would probably be the easiest thing to do.

Here's the short version of that story. Before we were divorced, he sent me an e-mail basically relinquishing everything to me. He said, "I want NOTHING. You can have EVERYTHING." Since my lawyer was in the midst of trying to negotiate, that e-mail constituted an agreement. It was written. It was time stamped. It was dated. And, it was from him. So, I kept the things he relinquished.

He has been accusing my lawyer of intimidating him (he chose not to obtain a lawyer and checked off the box that he was present and ready for trial). She did, in fact, negotiate an agreement between us before we went into the courtroom. He signed it. He initialed all the changes as did I.

When he left me, he shipped over 130 pounds of community property to his mistresses home in another state, without my knowledge. He had intended to abandon me and told me that he was actually lied to me about where he was going in the first place. He did return, but it was only to quit his job and go back to the other state.

I've said that to say this. I'm thinking that if the Judge sees that I am trying not to waste the courts' time and come up with some sort of agreement on our own, when my ex-husband doesn't take me up on my offer, the Judge is going to see that as just one more reason to put him in jail or slap him with a huge fine. I am trying to make an honest, concerted effort and I'm thinking that a Judge will appreciate that. Doing that BEFORE actually suing him for Contempt would strengthen my case, would it not?

Thanks.

 

[mistoffolees]

Thank you for your response and yes, hauling him back to court would probably be the easiest thing to do.

Here's the short version of that story. Before we were divorced, he sent me an e-mail basically relinquishing everything to me. He said, "I want NOTHING. You can have EVERYTHING." Since my lawyer was in the midst of trying to negotiate, that e-mail constituted an agreement. It was written. It was time stamped. It was dated. And, it was from him. So, I kept the things he relinquished.

He has been accusing my lawyer of intimidating him (he chose not to obtain a lawyer and checked off the box that he was present and ready for trial). She did, in fact, negotiate an agreement between us before we went into the courtroom. He signed it. He initialed all the changes as did I.

When he left me, he shipped over 130 pounds of community property to his mistresses home in another state, without my knowledge. He had intended to abandon me and told me that he was actually lied to me about where he was going in the first place. He did return, but it was only to quit his job and go back to the other state.

I've said that to say this. I'm thinking that if the Judge sees that I am trying not to waste the courts' time and come up with some sort of agreement on our own, when my ex-husband doesn't take me up on my offer, the Judge is going to see that as just one more reason to put him in jail or slap him with a huge fine. I am trying to make an honest, concerted effort and I'm thinking that a Judge will appreciate that. Doing that BEFORE actually suing him for Contempt would strengthen my case, would it not?

Thanks.

You need to stick to legally relevant issues:

1. His saying "you can have everything" is not binding in any way - even if you have it notarized by God himself. It only becomes binding when the court issues an order.

2. He is free to give gifts to anyone he pleases even while married. Whether he gave something to someone you don't like is also irrelevant.

The court is not interested in your litany of past transgressions, real or perceived. They are only going to be interested in two things:
1. What does the original court order say?
2. Have both parties complied with the original court order?

If the parties have not complied with the court order, the court will attempt to make a new order to rectify the situation. That is, if the order says he's supposed to return the truck to you, he'll have to do it. If it says he owes you a fixed amount, they'll make him pay. They're not going to assess punitive damages - certainly not at the first contempt hearing.

 

[LdiJ]

Thank you for your response and yes, hauling him back to court would probably be the easiest thing to do.

Here's the short version of that story. Before we were divorced, he sent me an e-mail basically relinquishing everything to me. He said, "I want NOTHING. You can have EVERYTHING." Since my lawyer was in the midst of trying to negotiate, that e-mail constituted an agreement. It was written. It was time stamped. It was dated. And, it was from him. So, I kept the things he relinquished.

He has been accusing my lawyer of intimidating him (he chose not to obtain a lawyer and checked off the box that he was present and ready for trial). She did, in fact, negotiate an agreement between us before we went into the courtroom. He signed it. He initialed all the changes as did I.

When he left me, he shipped over 130 pounds of community property to his mistresses home in another state, without my knowledge. He had intended to abandon me and told me that he was actually lied to me about where he was going in the first place. He did return, but it was only to quit his job and go back to the other state.

I've said that to say this. I'm thinking that if the Judge sees that I am trying not to waste the courts' time and come up with some sort of agreement on our own, when my ex-husband doesn't take me up on my offer, the Judge is going to see that as just one more reason to put him in jail or slap him with a huge fine. I am trying to make an honest, concerted effort and I'm thinking that a Judge will appreciate that. Doing that BEFORE actually suing him for Contempt would strengthen my case, would it not?

Thanks.

No, your case against him is already as strong as it can be. You don't need to offer him any other concessions. You just need to haul him back into court. You also need to get a judgement against him so that you at least can try to levy his bank accounts and get the debt put on his credit report.

Also, if he is in another state, rather than TX, you may be able to garnish his wages. You would have to go to court there to domestic the judgement and make the garnishment happen.

 

[flumoxed]

Again, one cannot get wage garnishment in the State of Texas unless it is for child support or alimony. We had no children and the judgments that I have against him do not include alimony.

You are not correct about the statement he made regarding "You can have everything." It is binding and is included in the original decree of divorce which he signed, I signed, the lawyer signed, and the Judge signed. It is also spelled out in the first Enforcement Order.

Also giving gifts is one thing. Shipping community property is entirely another. He did not make a gift of those items. He stole them, shipped them to where he was planning on living before we were divorced, and was going to abandon me - he admitted to that when he returned to quit his job here in Texas. He came back here acting like he was going to stay, but really just returned to quit his job in person.

Those are relevant facts. They were proven in court.

He does not live in another State.

He just thinks he can get away with simply not paying.

I'm guessing that next is Contempt of Court.

Thanks.