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jGene

Junior Member
What is the name of your state (only U.S. law)? Georgia
I've been divorce about a year and a half. In my papers I was to collect tools, coin collection and other personal items with in a years time and paying her $2,900.00. Also in my papers she was to get the house along with the payments. If the loan on the house was past due over 60 days it was to be put up for sale. Also she had 6 months to refinace the home and to get a quick clam deed for me to sign.
A month before the dead line for me to pay her the money I started to try and contact her. She just kelp putting me off. Finally I just sent her the check cerified mail. It was returned to me after several attemps by the post office.
In this years time she never tryed to refinace the house. Also in this time frame she had filed chapter 13 in my name on the house. I never signed anything. My credit was shot!
At the time the divorce papers was signed (I found out later) she was 90 days behind on payments on the house. She was in catempt then.
Now my credit is shot and found out the house now is in foreclosure again.
My kids (witch are all growned) told me that all my tools, coin collection and personal items are gone! She didnt sell them she gave them away! $22,000.00worth!
My question is can I recover my lost by a lawsuit or do I need to go back to court and have her held in comtemp of court.
What can I do about her fileing chapeter 13 in my name and get my credit straiten out
Will it be worth my time? All thru this divorce nothing went my way!!!
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Georgia
I've been divorce about a year and a half. In my papers I was to collect tools, coin collection and other personal items with in a years time and paying her $2,900.00. Also in my papers she was to get the house along with the payments. If the loan on the house was past due over 60 days it was to be put up for sale. Also she had 6 months to refinace the home and to get a quick clam deed for me to sign.
A month before the dead line for me to pay her the money I started to try and contact her. She just kelp putting me off. Finally I just sent her the check cerified mail. It was returned to me after several attemps by the post office.
In this years time she never tryed to refinace the house. Also in this time frame she had filed chapter 13 in my name on the house. I never signed anything. My credit was shot!
At the time the divorce papers was signed (I found out later) she was 90 days behind on payments on the house. She was in catempt then.
Now my credit is shot and found out the house now is in foreclosure again.
My kids (witch are all growned) told me that all my tools, coin collection and personal items are gone! She didnt sell them she gave them away! $22,000.00worth!
My question is can I recover my lost by a lawsuit or do I need to go back to court and have her held in comtemp of court.
What can I do about her fileing chapeter 13 in my name and get my credit straiten out
Will it be worth my time? All thru this divorce nothing went my way!!!
You could sue her for the items she gave away but clearly she doesn't have any money so collecting would be difficult.

You need to verify that she really filed for Chapter 13 in your name before you address that. She may have filed in her own name only. There is no straightening out the credit...that's a done deal. However, you could pay up the mortgage to get the house out of foreclosure and then address that issue with the court. However, clearly she cannot afford the house and there is no way that she is going to get a refi in her name if she is in chapter 13 bankruptcy.
 

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