Colorado1219
Junior Member
What is the name of your state (only U.S. law)? Pennsylvania
I have a very complex situation I'm trying to get answers to on behalf of my family. Although this falls under multiple categories of law and I'm not sure the best section to post. Any recommendations? Pardon the long story to explain.
My parents got divorced in 2000. Both my father and mother were attached to the house and my dad paid my mother to remove her name from the deed. Because of financial reasons, he never refinanced the home nor removed her name from the mortgage. He remained living there and still currently resides there. In 2000 my mother also went after 50% of his savings. It was ruled he owed her $24000 at the time as part of their separation. My father never paid my mother and interest and other fees have accumulated to $48000 that he owes her now. This ruling was under the Family Division court and her attorney over the years has served my father with "Praecipe for Writ of Execution" to get him to pay the money. He has never complied with the order and nothing further has been done. At some point the plaintiff attorney put a lien against my dads house (I believe) to collect the cost he owed my mother, $24000 originally.
My father has ignored these letters served to him (Praecipe for Writ of Execution) and nothing has been done in the 16 years the order was placed. The original order was on behalf of my mother/her attorney and handled in the Family division court. Now in 2016, my mother and father have a good relationship and my mother is no longer pursing to get the $24000 from my father. She would like to order dropped if possible, however her attorney continues to serve "Praecipe for Writ of Execution" every five years to my father. I don't understand why he continues to pursue this money+interest if she is no longer pursuing it.
The curve ball to this situation is the fact my mother filed for CH11 bankruptcy around 2003. When she filed, they discovered her name was still attached to my dad's mortgage therefore it was accounted for in the bankruptcy documents even though the deed was NOT in her name. The only reason I can see this "Praecipe for Writ of Execution" being valid is if my mother was going after the money. Alternatively I think it could be the attorney trying to get a chunk of money or possible debt collectors that she owes forcing him to continue this lien on my fathers house. They have continued to renew the lien by serving him "Praecipe for Writ of Execution" where he doesn't respond and it is ruled in the plaintiff's favor.
My question is whether or not this court document can be disregarded or the steps my mother would have to take to STOP the attorney from pursing the money? I'm confused why an attorney would continue to pursue a lien against my dad if my mother wasn't interested in the money anymore. Can the judgement be dropped? Also would any creditors/past bankruptcy documentation be influencing the attorney to go after the funds?
Any help in this manner would be greatly appreciated! Specific to "Praecipe for Writ of Execution" and what this exactly means. And if the order can be dropped if the plaintiff is no longer pursing or interested.
I have a very complex situation I'm trying to get answers to on behalf of my family. Although this falls under multiple categories of law and I'm not sure the best section to post. Any recommendations? Pardon the long story to explain.
My parents got divorced in 2000. Both my father and mother were attached to the house and my dad paid my mother to remove her name from the deed. Because of financial reasons, he never refinanced the home nor removed her name from the mortgage. He remained living there and still currently resides there. In 2000 my mother also went after 50% of his savings. It was ruled he owed her $24000 at the time as part of their separation. My father never paid my mother and interest and other fees have accumulated to $48000 that he owes her now. This ruling was under the Family Division court and her attorney over the years has served my father with "Praecipe for Writ of Execution" to get him to pay the money. He has never complied with the order and nothing further has been done. At some point the plaintiff attorney put a lien against my dads house (I believe) to collect the cost he owed my mother, $24000 originally.
My father has ignored these letters served to him (Praecipe for Writ of Execution) and nothing has been done in the 16 years the order was placed. The original order was on behalf of my mother/her attorney and handled in the Family division court. Now in 2016, my mother and father have a good relationship and my mother is no longer pursing to get the $24000 from my father. She would like to order dropped if possible, however her attorney continues to serve "Praecipe for Writ of Execution" every five years to my father. I don't understand why he continues to pursue this money+interest if she is no longer pursuing it.
The curve ball to this situation is the fact my mother filed for CH11 bankruptcy around 2003. When she filed, they discovered her name was still attached to my dad's mortgage therefore it was accounted for in the bankruptcy documents even though the deed was NOT in her name. The only reason I can see this "Praecipe for Writ of Execution" being valid is if my mother was going after the money. Alternatively I think it could be the attorney trying to get a chunk of money or possible debt collectors that she owes forcing him to continue this lien on my fathers house. They have continued to renew the lien by serving him "Praecipe for Writ of Execution" where he doesn't respond and it is ruled in the plaintiff's favor.
My question is whether or not this court document can be disregarded or the steps my mother would have to take to STOP the attorney from pursing the money? I'm confused why an attorney would continue to pursue a lien against my dad if my mother wasn't interested in the money anymore. Can the judgement be dropped? Also would any creditors/past bankruptcy documentation be influencing the attorney to go after the funds?
Any help in this manner would be greatly appreciated! Specific to "Praecipe for Writ of Execution" and what this exactly means. And if the order can be dropped if the plaintiff is no longer pursing or interested.