URGENT: Case of They Paid the Wrong Person

[hormonal]

What is the name of your state (only U.S. law)? I had loaned this guy some money, I had to take him to court to get him to pay...I won and he had to pay me. The problem began when I divorced my husband. At the time of separation I informed them of my new address (keep in mind the law suit was in my name only) several times by phone, in person, and when all else failed by mail, return receipt requested (which I have). They say that they called the judge and his aide told them that because I didn't register my new address with the court that they should continue to send it to my old address. This may be true, however I am certain that they were not told to make the checks payable to both my estranged and myself nor were they told to mail it addressed to him as I would have received it if it were addressed to me due to change of address. They want me to release a lien from their property as they have paid this debt in full to my now ex (who by the way is very ill and dying of cancer) and I say they paid the wrong person. I am told that I am going to lose this case because they have in fact paid the debt and that I will have to sue my ex but that I will have to lose this case in order to sue my ex....is this crazy or what?!? Is this true?!?

 

[hormonal]

They Paid the Wrong Person

I Live in Florida, the Case is in Bradford County

 

[hormonal]

Paid the Wrong Person

I am going today to file a motion for disclosure to request "copies of the checks (front & back) to determine who ultimately profited by these gains". I go to court on the 10th, don't know if the Judge will allow it since I waited so long, had to go to NC because my sister was in the hospital and my car has been in the shop so haven't had a lot of time to spend on this stupid case. It is only over a couple of grand. He has an attorney and I really don't want to have to pay for his fee and then have to take ex to court to recover and then not get paid by him! Should I just forget it all and just sign the stupid lien and let it go? I just hate that as my ex really stuck it to me in the divorce, he lied and got everything and I got $60,000 worth of bills! (but I did get the divorce and that was a really good thing)

 

[CraigFL]

The only thing I can help with is to tell you that I've been told and my collection agency has been told so many times that the check has been sent and the bill paid but it hasn't. They need to provide you proof that the check was received, signed, cashed and deposited in your account since the judgment was in your name. It is not your problem if the debtor paid the wrong person. Now if the back of the check shows you signed it, and you didn't, you will need to contact the state attorney...

 

[Antigone*]

The only thing I can help with is to tell you that I've been told and my collection agency has been told so many times that the check has been sent and the bill paid but it hasn't. They need to provide you proof that the check was received, signed, cashed and deposited in your account since the judgment was in your name. It is not your problem if the debtor paid the wrong person. Now if the back of the check shows you signed it, and you didn't, you will need to contact the state attorney...

Craig is absolutley correct here.

Ask for copies of the front and back of the check. If you did not endorse the item, or if the item did not go into an account with your name on it; then inform the judgement debtor that you did not received benefit of the check and the debt still needs to be paid.

Let the judgement debtor worry about filing a check fraud claim with his bank - you don't need to go there. Remember the "IFs" - if the answer to both of those questions is "NO", then proceed, but if the account still had your name on it, forget about it. Sue the person who put the check into your account.

 

[hormonal]

Paid the Wrong Person

Problem is the debtor stupidly made the checks out to: him/me ; making it easy for him to cash the checks for himself. Very stupid on their part since the judgement was solely in my name.

 

[hormonal]

Nail in the Coffin?

I think I found the "Nail".... I found some old mail from that time period that proves that my mail was being forwarded to my new address so..... had they been addressing the checks to me personally as they should have, they would have gotten to me, therefore this proves that they intentionally paid my ex by not only addressing it to him but also writing the checks in the manner they did (him/me)...yes?

 

[Zigner]

I think I found the "Nail".... I found some old mail from that time period that proves that my mail was being forwarded to my new address so..... had they been addressing the checks to me personally as they should have, they would have gotten to me, therefore this proves that they intentionally paid my ex by not only addressing it to him but also writing the checks in the manner they did (him/me)...yes?

https://forum.freeadvice.com/small-claims-courts-24/urgent-case-they-paid-wrong-person-428334.html#post2032218

 

[hormonal]

Am I right?

AM I? Do you think I have them by the kahunas? I think between the registered receipt showing that I informed them of my move and the mail showing that my mail was being forwarded, I don't see how they can prove that they didn't intentionally pay my ex and would therefore still owe me. I can't help that they paid him money that they in fact owed me. Why should I have to correct their mistake? Someone please tell me I'm right!?!? (or wrong)

 

[Zigner]

The correct advice was given at https://forum.freeadvice.com/small-claims-courts-24/urgent-case-they-paid-wrong-person-428334.html#post2032218

Why are you so against following that advice?

 

[hormonal]

Not against it

Not against it, just trying to prepare for the worst case scenario...went today to file Motion to Produce back of checks but don't know if I am too late (court is next week) however, I am hoping that with everything else that I have that the Judge could not possibly see any thing other than the fact that they obviously intentionally paid my ex as opposed to paying me and therefore they should be the ones to have to go after him to get their money back, not me!

 

[dcatz]

I think it’s appropriate to prepare for the worst case scenario. This has been an interesting thread, and I’ve followed it not because I disagreed with the others but because I don’t share their sense of conviction. Clearly it would appear that you have a claim against your ex. I’m trying to balance the equities (as a court should do), and I’m wondering what we don’t know.

It was perfectly proper for them to pay to your record address (presumably your former address), regardless of any change of address filing. In the original post, you say that you didn’t give notice to the court of a new address (which you should have done to avoid the problem) and relied on a change notice but, in post #9, you refer for the first time to notice by registered mail.

What does “him/her” mean? John and Jane Doe? John or Jane Doe? Mr. and Mrs. John Doe?

No matter how the checks were made payable, wasn’t it necessary for your ex to forge your endorsement? And, incidentally, also commit conversion and/or larceny, fraud and/or theft?

If a debtor was going to voluntarily satisfy a judgment to clear a lien, why intentionally pay the wrong party? That may be the hardest for me to understand. You’re the judgment creditor; your ex can’t satisfy the judgment.

How was your ex’s name even known? Was there a prior relation between all parties?

Too many questions. Until they’re resolved, I wouldn’t find a ruling requiring you to pursue the ex to be any more inequitable than requiring the judgment debtor to be burdened with the lien while both paying a second time and seeking recovery from the ex.

 

[hormonal]

Going to Court Tomorrow

Hi, sorry I haven't answered your questions, have been busy. First of all the checks were made payable to John/Jane Doe; second, yes, they did know each other prior. They had bought a home from us and they were upset with me for pushing this law suit to begin with as the suit was against their son who was in the navy and he tried to weasle out of the debt. I had to go through his commander and JAG to get him to court initially to get the judgement against him and force him to pay, that is why they wanted to continue to pay the ex and not me. He had contacted them previously and told them about the separation and told them to continue sending the monies to him. That is why I believe that the mail that I found that shows that my mail was indeed being forwarded at that time proves that they had to be addressing the mail to him and not to me, the person they owed, in addition to making it easy for him to cash/deposit the checks. Certainly they can mail the checks to that address however, they should have addressed it to me, not him. If they had addressed it to me, I would have received it and none of this would have happened.

 

[hormonal]

There Is No Justice!!!!

Yes that's right, I lost!!! I can't believe it!!! I had everything! They even admitted that they had spoken to my ex and had determined that he deserved the money more than I. They even admitted that they were angry at me for attempting to garnish his wages initially to attain the funds. They even admitted to the fact that they knew about the separation and the new address. The Judge stated that because I had not entered this information with the court, and because prior to they had made checks out to both parties during the marriage and I had not corrected this, that I had no claim and that I had to remove the lien.

I can't believe this. I lost everything in my divorce ($60,000.00 + home/car/assets/even personal item I will never recover because he was older than I and he made himself look like he was the one being taken when in fact I was; I was beaten [I have pictures to prove it] he was extremely jealouse [I have tapes to prove it] the courts did nothing; and now I am still being taken advantage of.

These people laughed at me. I took my divorce papers with me to court and told them if they wanted to look at them they were welcome to, they laughed as if they didn't believe me because he had told them how wicked and evil I was and how I had taken him for everything he had! Boy, what a joke. Where is the justice?!? I am not even sure now if I can take him to court to recover? They won't produce the checks! Damn! Guess he wins again....what alot of crap!!!!!