there is a loan my ex spouse and I are splitting in half and its in our divorce papers. I have not received any money for the loan, and the loan is just in my name. I dont know what to do, what i can do, or if there is anything at all i can do. I was told I can take my ex spouse to court and have their wages garnished... the thing is they live in oregon, and i live in california, will that cause conflict?
2007-07-04 18:16:32 · 7 answers · asked by britanygivens 2 in Politics & Government ➔ Law & Ethics
Hexeliebe is exactly right, your motion must be filed in the court where your divorce judgment was entered - not in Oregon.
The demand letter is not necessary, however along with your motion for a wage garnishment you should also include a request for sanctions and attorney's fees for your ex's conduct. Under California Family Code Section 271 "... the court may base an award of attorney's fees and costs on the extent to which the conduct of each party or attorney further or frustrates the policy of the law to promote settlement of litigation and, where possible to reduce the cost of litigation by encouraging cooperation between the parties and attorneys....."
Under California Code of Civil Procedure section 128.5 and 128.6 "Every trial court may order a party , the party's attorney, or both to pay any reasonable expenses, including attorney's fees, incurred by another party as a result of bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay..."
In order to get attorney fees and sanctions you must first make a demand.
2007-07-05 11:00:20 · answer #1 · answered by Daniel 6 · 0⤊ 0⤋
Now, if you're ready for a CORRECT answer, the main questions you need to answer are how long has it been since the divorce decree was issued and by when does the loan, according to the divorce decree, have to be paid.
If the ex is ordered to pay 1/2 of the loan TO YOU within a DEFINATIVE amount of time (i.e., ex shall pay the sum of $x,xxx.xx within 60 days) then at the end of the 60 days you file a Motion to show cause for contempt in the court of original jurisdiction (where the divorce was granted).
If your divorce decree does not specifically stipulate as to the conditions under which the ex is to repay that portion of the loan he was made responsible for, then you need to wait a reasonable amount of time after sending a Demand for Payment notice (usually a few months) before filing such a Motion.
I would also suggest filing a Motion to Clarify the decree if it does not include language such as the above. And again, you must do so in the court where the decree was issued.
2007-07-04 21:18:21 · answer #2 · answered by hexeliebe 6 · 1⤊ 0⤋
you could sue for a great number of issues inspite of the place human beings stay yet get a garnishment on wages for some thing like what you like is no longer an basic element. Garnishments are purely stable for state or federal taxes owed, for toddler help enforcement and in very particular situations you're able to get a decide to sign a garnishment order if the desires is consistent with medical emergency or some thing further pressing. you could desire to make clean earlier you sign the papers which you gained no funds or own property or different products from the own loan; in case you could instruct how the money grow for use then gain this. you could desire to describe why the own loan is on your call purely besides, somewhat if the money grow to be to guard some thing he mandatory. in case you won't be able to pin all this down and get it suited written into the divorce contract, his criminal expert will twist it around and attempt to make you pay off the entire element. circulate to the own loan corporation and ask them in the event that they are able that might actually assist you with documentation as to the own loan objective and use of money. in case you have already executed the divorce technique then you definately could desire to think of roughly taking him to small claims court docket and searching for a freelance that way. you're able to could desire to evaluate the fee of all this while making use of an lawyer and make helpful it will be worth your at the same time as.
2016-11-08 04:48:48 · answer #3 · answered by olli 4 · 0⤊ 0⤋
There is basically nothing you can do regardless of what state you both live in. Unless there is a document that is signed by both of you stating that there is a loan, how much it is and that you agreed to split it, you are up a creek.
Documentation on any financial matter, doesn't matter who it is with is extremely important!!! It is a binding contract and the only thing that could stand up in a court of law. Otherwise, it is he said/she said. Your ex could claim he never agreed to the splitting of the loan and since it is in your name only, the judge could only side with your ex in this case.
Lesson: Get everything in writing. Letters you send to companies, keep copies of letters companies send to you. Signed agreements on ANY financial matters (family or otherwise)...you never know what can happen.
Best of luck, but I think the loan is yours and yours alone.
2007-07-04 18:25:08 · answer #4 · answered by forensicschick1615 2 · 0⤊ 1⤋
No, if there was a court order for him to pay, and he doesn't, He is in contempt of court. You can go after him in Oregon, but youll spend more than he owes you
2007-07-04 18:20:55 · answer #5 · answered by thomas p 2 · 1⤊ 0⤋
Call him and tell him you are exusing the loan because you will always have it and he never will. The last two people I said this to got so mad, they paid right away!
2007-07-04 18:22:53 · answer #6 · answered by desert fox 2 · 1⤊ 0⤋
The fact that it's only in your name hinders you greatly. Unless you have documentation stating that you would both continue making payments, it's a waste of your time to pursue legal action.
2007-07-04 18:21:16 · answer #7 · answered by DOOM 7 · 0⤊ 1⤋