Judgement and collection

[West7]

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

Part 1:
I have a judgement against my ex, who has defaulted on our divorce agreement.

He owns a ranch (which is currently for sale) with his 2 brothers in a Limited Partnership. Can I put a lien on his interest of the ranch?

Part 2:
I "had" excellent credit. The ex charged up over $21,000 on a credit card (after divorce) that he didn't remove my name from. Judge also signed judgement that he had 15 days to remove my name. BUT, he is in default on that card (now a closed account) and the only way to remove my name is for him to pay the card off. He claims he has no money to even make payments on it, so my credit is now toast. (This has been going on since January.)

I tried the contempt of court, but his attorney produced some case that states you can not file contempt on this matter if he has no money to pay.

My attorney has not been any help on this. Is there anything else I can do to get my name off HIS debt?

Thanks for any advice you can give.What is the name of your state (only U.S. law)?

 

[mistoffolees]

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

Part 1:
I have a judgement against my ex, who has defaulted on our divorce agreement.

He owns a ranch (which is currently for sale) with his 2 brothers in a Limited Partnership. Can I put a lien on his interest of the ranch?

Part 2:
I "had" excellent credit. The ex charged up over $21,000 on a credit card (after divorce) that he didn't remove my name from. Judge also signed judgement that he had 15 days to remove my name. BUT, he is in default on that card (now a closed account) and the only way to remove my name is for him to pay the card off. He claims he has no money to even make payments on it, so my credit is now toast. (This has been going on since January.)

I tried the contempt of court, but his attorney produced some case that states you can not file contempt on this matter if he has no money to pay.

My attorney has not been any help on this. Is there anything else I can do to get my name off HIS debt?

Thanks for any advice you can give.What is the name of your state (only U.S. law)?

1. It depends on how the property is held and the terms of the limited partnership. Without more information, it's impossible to say.

2. Do not EVER take advice from your ex's attorney. You can absolutely sue for contempt even if ex doesn't have any money. It might be impossible to collect, but you can get a judgment. If ex is found to be willfully avoiding payment, jail time is even possible.

What does your attorney say?

 

[Zigner]

1. It depends on how the property is held and the terms of the limited partnership. Without more information, it's impossible to say.

2. Do not EVER take advice from your ex's attorney. You can absolutely sue for contempt even if ex doesn't have any money. It might be impossible to collect, but you can get a judgment. If ex is found to be willfully avoiding payment, jail time is even possible.

What does your attorney say?

And, why didn't you make at least the minimum payments to avoid the hit to your credit? He would have been required to reimburse you.

 

[West7]

And, why didn't you make at least the minimum payments to avoid the hit to your credit? He would have been required to reimburse you.

I'm going to apologize in advance if this sounds bitter, BUT

I have a part time job, have managed to pay all my bills. I have not received all of my settlement and quite frankly don't have the money to pay for his traveling and entertainment. Bottom line...the monthly payment on over $21,000 was too much for me.

He is already in default, and in addition owes me for my attorneys and court cost. Unless I can find a way to collect, he is NEVER going to give me the money. Much less money I would have (if I could) paid on this credit card.

This whole process has been frustrating and I feel there will never be an end to this.

 

[West7]

1. It depends on how the property is held and the terms of the limited partnership. Without more information, it's impossible to say.

2. Do not EVER take advice from your ex's attorney. You can absolutely sue for contempt even if ex doesn't have any money. It might be impossible to collect, but you can get a judgment. If ex is found to be willfully avoiding payment, jail time is even possible.

What does your attorney say?

1. What more information would I have to find out to determine the possibility.

2. His attorney told my attorney the above.

What does my attorney say?..."I need more money from you."

I spent a year and already quite a bit of money and the only progress I have made is the judgement.

 

[mistoffolees]

1. What more information would I have to find out to determine the possibility.

2. His attorney told my attorney the above.

What does my attorney say?..."I need more money from you."

I spent a year and already quite a bit of money and the only progress I have made is the judgement.

1. You need to know how the partnership is set up and all the terms of the partnership. It could be a couple of pages or it could be 50 pages.

2. Your attorney is entitled to be paid, as well. There's one way to know. Go ahead and file for contempt. Let his attorney try to convince the judge that you can't file for contempt. And make sure that you can prove that he has assets (such as his share of the ranch).

 

[West7]

1. You need to know how the partnership is set up and all the terms of the partnership. It could be a couple of pages or it could be 50 pages.

2. Your attorney is entitled to be paid, as well. There's one way to know. Go ahead and file for contempt. Let his attorney try to convince the judge that you can't file for contempt. And make sure that you can prove that he has assets (such as his share of the ranch).

I should have been more clear here. I have paid my attorney all that is due, but he wants more money to move forward. I'm about money'd out trying to get this settled.... and feel that for what I have spent, I should be a little further along in this process. It seemed I was spinning my wheels and writing checks to him and no progress was being made.

To get the partnership information, I guess I have to get it from the ex? Well....that will never happen.

This paperwork isn't the type that is filed in court anywhere I can access, is it?

 

[mistoffolees]

I should have been more clear here. I have paid my attorney all that is due, but he wants more money to move forward. I'm about money'd out trying to get this settled.... and feel that for what I have spent, I should be a little further along in this process. It seemed I was spinning my wheels and writing checks to him and no progress was being made.

To get the partnership information, I guess I have to get it from the ex? Well....that will never happen.

This paperwork isn't the type that is filed in court anywhere I can access, is it?

You'd have to subpoena the documents.

 

[West7]

OK...one last question....

If they do sell the ranch, and I do have the judgement against him...what would be the steps I would need to take to collect from that (if I don't have a lien)?

And I appreciate your time. Gaining as much knowledge about how to proceed to get this issue done, complete, and door closed is very important to me.

 

[mistoffolees]

OK...one last question....

If they do sell the ranch, and I do have the judgement against him...what would be the steps I would need to take to collect from that (if I don't have a lien)?

And I appreciate your time. Gaining as much knowledge about how to proceed to get this issue done, complete, and door closed is very important to me.

Once again, no one knows what steps you have to take until you tell us what the partnership documents say.

In the end, your best bet is probably going to be to file for contempt and have a judgment against him and then put a lien on all of his assets. (Depending on how the partnership is set up, you MAY be able to put a lien on that, but it's not likely if their attorney did a good job for them). Then if he ever sells the ranch and gets his hands on the money, you would have a chance to get what is owed to you.

Of course, there's no guarantee. It is entirely possible that he could sell the ranch and manage to hide the money before you found out about it. But, IMHO, it's still worth going after him for contempt and getting a judgment.