Collecting A Debt From An Ex Spouse

When a judge enters a divorce decree and orders an ex wife to pay credit card debts, a mortgage, or a car note in the husband's name, he has two options to obtain compliance with the order and collect delinquent payments.

(1) The former husband can file a motion for contempt in the originating family court. If the wife is held in contempt, the judge can order her to pay the debt by a date certain. Thereafter, if the wife ignores the order, she may be subject sanctions.

(2) The former husband can also sue the wayward spouse in civil court. This option may result in a judgment. However, it's not worth the paper it's written on if steps aren't taken to collect via garnishments and liens. This process may take several years.
-------------------------------------------------

I have been divorced now for over a year and in the divorce decree my ex wife said she would assume payments on one of the joi - Divorce / Separation - Avvo.com

can an ex wife collect life insurance proceeeds from deceased ex husband if she is not named beneficiary - Probate - Avvo.com

The question below highlights two legal concepts:

(1) When you need legal advice, seek advice from lawyers who are licensed in your state; and

(2) When a court orders an ex-spouse or other party to maintain life or health insurance, obtain the policy information, and verify, verify, verify. If the party lets the policy lapse, file a motion for contempt. Relying on the honesty of the person, may leave you without coverage.

-----------------------------------------------------------
can an ex wife collect life insurance proceeeds from deceased ex husband if she is not named beneficiary - Probate - Avvo.com

Judgment Notice & Sewer Service --- What Next? (Avvo Question)

AVVO QUESTION

I have gotten several letters saying a judgement has been filed for credit card debt. can they seize my checking account

---------------------------------------------------------

MY ANSWER


The credit card company cannot place a lien on your property without a judgment. If the company has a judgment, you should have received proper notice of a lawsuit.

Unfortunately, many immoral debt collectors engage in sewer service. In other words, they throw the complant and summons in the garbage and file a service affidavit. This gives the debt collector the ability to file for and obtain a default judgment.

Therefore, if you believe that you were not served as is required by law, you need to file the appropriate paperwork in a timely fashion. If you simply ignored the summons and complaint and the judgment is appropriate, the attorney can file for a lien immediately. Therefore, if you take advantage of direct deposit, you should stop it immediately. If you allow automatic debits for certain of your bills, stop it and start paying with money orders. 0 0 Questions in your practice areaQuestions in your practice areaAnswer another question
Practice Area Unanswered Questions
Appeals

Default Judgment without Service --- Act Immediately

Unscrupulous collection agencies often purchase stale debts and try to bully unsuspecting people into paying these debts. For those who don't pay, the agencies file suit against the debtors, conduct sewer service, and obtain a default judgment.

Thereafter, the debtor is shocked when he receives notice of a court judgment. If you are a victim of these creditors/collection agencies, immediately contact an attorney to file an appropriate motion to open the case. These process servers and collection agencies who engage in these illegal actions are well known to experienced trial court judges. Therefore, if you act quickly, it shouldn't be difficult to set aside the judgment.

Gift Card Danger

Several consumer reports have issued warnings about gift cards. For those who have not heard about gift card theft, please take a few seconds to read this post.

If you are thinking about buying gift cards this holiday season, be cognizant of the fact that your gift may not reach its intended recipient. More specifically, thieves have found a new way to steal. They find stores that have free standing gift card stands and copy the cards' control numbers. Thereafter, they go online to see if the cards have been activated. Oftentimes, there is a substantial period between the time the gift giver purchases the card and the time the gift receiver uses the card. During that dead period, thieves empty the value of card by making purchases. By the time the gift receiver goes to the store, the card's balance is zero.

Stores can easily protect the consumer by placing the cards in locked or monitored locations. Card manufacturers can create card wraps that cover control numbers. It would be similar to shrink wrap on medicines. If the wrap is broken, don't buy.

For now, if you want to give gift cards, select ones that are controlled by the cashier. Also, you can purchase gift cards online. If you should risk buying the card from an unmonitored kiosk, keep the receipt, monitor the balance online until you give the gift, and advise the gift receiver to monitor the balance.

Happy Holidays!

Don't Use a Verbal Agreement as an Estate Planning Tool

The question below demonstrates that you should not use verbal agreements as an asset management tool. If you have life insurance and minor children, there are ways to put the proceeds in trust. However, putting it in the name of a relative and asking them to do the right thing is dangerous.
-------------------------------------------------------------------------------------
AVVO QUESTION

Can I win? Rockmart, GA

My dad left his life insurance to my aunt because me and my sister were minors and him and my mom were going through a divorce. He had a verbal agreement with my aunt that we would recieve the money. SHe had given my sisters their share but she wont give me my share.. My whole family knows about the agreement and the situation. If I take her to court and sue her for the money and the documents can I win?


MY ANSWER


Your father should have provided for the division in the life insurance beneficiary section. If your aunt wants to deny the agreement, she can do so and win unless you have evidence to the contrary. You didn't state what documents you have to support your claim. Also, you didn't state how long ago your father died? There may be statute of limitation issue and evidence problems. In any event, you should find a local probate attorney in your county.

Wills in Maryland

In Maryland, if you are 18 years old or older and legally competent you can divide your estate and select an executor through a will. The will must have the following formalities:

(1) It must be in writing;

(2) It must be signed by the testator, or by some other person for him, in his presence and by his express direction; and

(3) It must be attested and signed by two or more credible witnesses in the presence of the testator.

If you already have a will when you move to Maryland, you may not have to pay a Maryland attorney to draft another will if:

(1) the will is in writing

and

(2) one of the following applies:

(a) the will is executed in accordance with the above list;

(b) the will is executed in accordance with the law of the domicile
of the testator; or

(c) the will is executed in accordance with the laws of the place of execution.


Nevertheless, when a person moves into the state with a will or if she just wants to make modifications to the current document, she must do so in accordance with the law. Additionally, for births, deaths, divorces, or other major life events, you should review your will and seek the advice of an attorney.

This review is essential after an absolute divorce. Upon termination of the marriage, all provisions in the will relating to the former spouse will be revoked unless specified in the will or divorce decree. As a result, the testator has to decide who will receive those items previously designated for the former spouse.