Money loaned from others


#1

I was in legal trouble in IL. My cousin gave me money to post bail. I put the money in a combined account that I had with my wife. We proceeded to spend part of the money on bills. When the time came to pay my bail, I gave my wife $4k of the $5k my cousin loaned me and she put $1k from the bill money that was originally from my cousins loaned funds. She paid the bail in her name. Now my sentencing is complete and the court is going to release the bail funds, but to my wife, since she signed for it in her name. We are separated and she is refusing to give me any of the bail refund money back to pay my cousin back. I was told that I may be able to file an injunction in NC that would stop IL from releasing the funds to her. Is this true? How do I file this injunction? If I do not file the injunction, how can I recover these funds from her to pay him back?, as she will surely spend the monies if she receives it.


#2

This is not a family law question. If the money is being released in Illinois, you should probably speak to an attorney in Illinois to handle.


#3

I spoke with an attorney there and they informed me the only thing i could do was reach out to an attorney here and try to put an injunction in place, signed by a NC Judge, that would put the funds on hold in IL to decide the rightful owner of the monies. When I reached out to an attorney in NC, they said they never heard of that, but they could try putting a restraining order on my wife that we could try to follow up with an injunction to stop her from getting the monies. But, he wasnt sure it would work. I just wanted to get a third opinion…


#4

I’ve never heard of such an injunction. Filing an injunction to stop her from obtaining bail money out of Illinois is not a family law matter. If you filed an action for equitable distribution, the money would be an asset and the loan from your cousin would be a debt that would be divided by the court.