Divorced and my ex spouse owes me money for a loan...?

Question

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?

Answer 1

that won't be a problem. Sue him and serve him and make him come to California for the court appearance. If he doesn't show then you win. The next step would be to have an attorney submit the form for garnishment to his employer. You know, of course, that he could continue to skip from one employer to the next. Your attorney can then find out what he owns and put a lien on them or force those assets to be sold to pay you what he owes you. It will take time but it can be done.

Answer 2

You can sue for lots of things regardless of where people live but get a garnishment on wages for something like what you need is no longer an easy thing. Garnishments are only good for state or federal taxes owed, for child support enforcement and in very special cases you might get a judge to sign a garnishment order if the needs is based on medical emergency or something similarly urgent.
You need to clarify before you sign the papers that you received no money or personal property or other goods from the loan; if you can prove how the money was used then do so. You need to explain why the loan is in your name only as well, especially if the money was to take care of something he needed. If you can't pin all this down and get it properly written into the divorce agreement, his lawyer will twist it around and try to make you pay off the whole thing. Go to the loan company and ask them if they can help you with documentation as to the loan purpose and use of money. If you have already completed the divorce process then you need to think about taking him to small claims court and seeking a settlement that way. You would have to consider the cost of all this when using an attorney and make sure it will be worth your while.

Answer 3

Now, once you're waiting for an precise answer, the proper questions you could desire to respond to are how long has it been because of the fact the divorce decree grow to be issued and by skill of while does the own loan, in accordance to the divorce decree, could desire to be paid. If the ex is ordered to pay a million/2 of the own loan TO YOU interior of a DEFINATIVE volume of time (i.e., ex shall pay the sum of $x,xxx.xx interior of 60 days) then on the tip of the 60 days you document a action to instruct reason for contempt in the court docket of unique jurisdiction (the place the divorce grow to be granted). in the adventure that your divorce decree would not specifically stipulate as to the circumstances below which the ex is to pay off that ingredient of the own loan he grow to be made to blame for, then you definately could desire to attend a functional volume of time after sending a call for for charge word (usually some months) earlier submitting this style of action. i could additionally recommend submitting a action to make clean the decree if it would not comprise language such because of the fact the above. And returned, you could desire to realize this in the court docket the place the decree grow to be issued.

Answer 4

THE REASON I HAVE THE LOAN IN MY NAME IS BECAUSE HE WAS DEPLOYED IN IRAQ. WE HAD CREDIT CARDS WITH HIGH INTEREST AND I WANTED TO DO THE RIGHT THING, HE WAS A CHEATING LYING ABUSIVE HUSBAND. ITS IN OUR DIVORCE PAPERS. ALL I WANT TO KNOW IS IF I CAN TAKE HIM TO COURT.

Answer 5

Take the bum to court similar experience. with a dead beat that did nothing but make troble for me. make this piece of crap pay the loan.