****Thank you for reading: I only want what is just and fair.****
Background: I had been Divorced 8 months prior to this Small Claims Case.
1.) My ex wife and I were both Plaintiffs in a Small Claims case against a contractor.
***Both she and I had been divorced 8 months prior to this Small Claims Case.
2.) We sued and won a Judgment for $4000.00 over a non-satisfactory job done on our house. Note: The house, deed and mortgage were in both her and my name. We had no children.
3.) Both the Small Claims case and the Judgment that we were awarded were in BOTH my ex-wife’s former name and my last name.
4.) In our Divorce Settlement (8 months prior to the Small Claims case), all profit of the House was to be split 50-50 per our divorce decree. (we had no children and were married only 9 months).
Problem:
1.) The Small Claims Case had my ex-wife's name listed wrong:
Our Divorce Decree (8 months earlier) clearly stated that she is to use her maiden name from the divorce date on. However, when we both sued this individual in Small Claims Court 8 months after our divorce, her former married name (my last name) was on the court case not her maiden name. Ditto for both the Judgment and Bank Garnishment.
TODAY: The contractor never paid the Judgment.
PROBLEM:
1.) My Ex-Wife, unknowing to me last month, went to the Cobb County Ga. Clerks Office and started the Bank Garnishement proceedings to collect OUR awarded judgment of the 4K that the contractor owes to us BOTH.
2.) I guess that she never told the Clerk of Court that she and I were divorced, now and at the time of our Small Claims lawsuit and that, her last name listed on the Judgment was incorrect.
Needless to say, obviously the Clerk's Office at Cobb County did not know that she was my Ex-Wife .
3.) Therefore my Ex-Wife misrepresented herself using her former married name to start the Bank Garnishment case for a Judgment that was awarded to US BOTH.
Please Note: The Bank Garnishment Case that she started is listed with her former married name (my last name).
So, my ex-wife paid the $72.00 (cost of bank garnishment) to Cobb County Clerk’s Office and she was given a “new” case number.
Question:
1.) Is there a motion that I can file Pro Se, to force my name to be added to the court Bank Garnishment case so that any money collected would be split 50-50?
2.) What if my ex-wife collects part or all the money owed to us both and she does not split the judgment money collected 50-50?
As mentioned, in our divorce, all profit of the House, was ordered by the Judge in Forsyth County Georgia, to be split 50-50.
To date:
1.) My ex-wife has not been cooperative to call or fax the Clerk of Court in Cobb County to have me put on the Garnishment case.
2.) No money, that I know of, has been collected.
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How I found out about the Garnishment:
- It was a fluke that I called the Clerk to inquire on how to collect a judgment owed to both my Ex-Wife and me. I went in person to the Cobb County Georgia, Clerks Office, Small Claims Division.
1.) I was told that my wife has already started the "new" Case of Bank Garnishment and that any and all money would go directly to her.
2.) I told the Clerks Office that the Plaintifs in this case are two divorced people and that she is my Ex-Wife and not my Wife and that we live apart and were divorced now and at the time of the Small Claims case.
3.) The Clerk's office told me too bad and that my ex-wife and only she now will get any and all money collected as she has initiated the Bank Garnishment proceedings.
The Crazy part: The Clerk's Office did say however that I could also start my own garnishment proceeding but if my ex-wife collects money first, through her efforts, any and all money collected would go to my ex-wife and not to me. Visa a versa for my efforts too.
The Clerk's Office in Cobb County also inferred that they did not know that when my ex-wife approached their office and paid for and filed the bank garnishment case that she and I were DIVORCED.
Please help me!
Thank you!
Georgia