Postponements and other issues


#1

Dear alljams:

I know that you are not disappointed, but I am still sorry to hear about the postponment. Nothing hurts a client more than getting prepared for a trial that does not occur because it was postponed.

I honestly don’t understand your question about the writ of execution. You will need to go more into detail about this topic - like what is it from, etc.

If you had to pay a judgment for her prior attorney, and you did not, it may not be waste, but it will be mismanagement of funds if you had them to pay it. I hope I understood this question also.

Now, it does sound like classic “waste” when she waited months to sign agreements to sell property which was costing money. I would suggest that you have clear exhibits showing the extra cost and the number of times you communicated with her about selling the property.

Not paying marital debt, even though you can, is not necessarily marital waste. You have to look at intent and the situation of each instance.

Now, perjury should be pointed out. Either she lied on her tax returns or she lied in the interrogatories - either way she LIED and you can discredit her testimony by properly bringing this out. You bring this out on cross examination. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thank you so much Janet…

About the Writ of Execution…On July 26th, 2002, my ex received a letter pending action from this creditor. This was a marital debt, even though it was in her name only. Mind you, it was 6 days after she received 75,000.00, through a parital ED agreement stating all debts to be paid after marital home sold, and 5 days after a buyer had signed a purchase contract to buy the marital home. Instead of either she or her attorney contacting them explaining that this would be taken care of and what was going on, they let it go to court, then a judgment, and finally a Writ of Execution. After the house was sold, I contacted all creditors to try to settle our debts, including this one. I wasn’t able to get info from the creditor, but was told I could find everything I needed at the court house. That’s how I found out about the Writ. I was told that since this had already happened, It would be wise to delay anything to protect the remaining marital property since we were “tennants in the entireity”. So, I wait, and wait, and finally this gets settled, Dec. 2003, for 1,200.00 more than original. I settled the debts in my name for 11,000.00 less than original.

About the judgment for her attorney. Her new attorney asked for funds out of the money from the house for her to pay for this. I agreed, and she received 2,500.00 to pay. This was over a year ago, nothing paid.

I have 3 agreements that were written for the house to be sold, and she didn’t sign, from July till November. All the while, the bank is impatiently waiting because I kept them constantly informed.(have letters, reciepts where I paid what I could during that time)

There’s more agreements than I can count as far as the store, and by the time she did sign, the business was in such bad shape,there was only enough to pay off the bank, fixtures from the oil company, and taxes. I had to sign over my share of a piece of property that was family owned to them to “pay her off”, so we could sell the business. I made nothing.

I just want to say I appreciate you giving me that facts, and allowing me to make an informed decision. Again, I’m sorry this is so long, but I honestly want what is fair in all of this. I really don’t want “everything”, not interested in making her look bad. But I want fairness on facts, not a game of “he said, she said”. Thank you for everything you do.


#3

Dear alljams:

Greetings again. I would say that the extra $1,200 on the writ was marital waste and should be solely her responsibility and not affect the division.

I would do a Motion for Contempt for not paying the debt with the funds distributed.

Now, the business is slightly different and infinitely more complex. I cannot advise you on the business very much without a CPA looking over the books and telling me what he thinks. I am sure that you already have a CPA prepared to testify though as a expert on the financial situation. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Hi Janet and Forum Members,

The trial date was postponed due to an error with the clerk of court.
I’m not really dissapointed. I took your suggestion about an “offer of judgment”. Hopefully it will clear up some of this.

My attorney suggest we take total advantage of “waste” done by my wife during separation. One is pretty self-evident. She received 75,000.00 from a parital settlement, but allowed the car we had bought to be repossessed. There was only 14,000.00 left on the car, and it was only a year old. This is one of her claims, she was left in “poverty”, and had to allow the car to go back.

Is a “Writ of Execution” for a debt in her name but one I agreed to pay, and money was there to be paid months before, considered waste? This totally put a strain on mediation, etc. because of property left in both of our names.

Is a judgment for payment to her prior attorney, even though she received money for this out of marital funds considered waste ? In a letter written by her new attorney, he asked for funds to be taken out of an escrow acct. to pay this. She never did.

She waited months to sign agreements to sell the house, store, even though we had a partial agreement, written and signed by both of us to do this. Our house was about to be foreclosed, and the store was in such financial straits my family had to put money in just to keep it going.

She never paid any marital debt.I was paying till I was in a bad car accident, where I couldn’t work.

Are any of these considered waste? And, according to her, she had to pay 15,000.00 in taxes on her settlement. On her tax returns, she paid appx. 3,000.00. She wrote this in interrogatories. How does something like this play out in court ?

Sorry it’s so long, but I really value and respect your opinion.
Thanks for reading this.