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jeanneb74 · Jul 31, 2007, 04:32 AM

I have to go to court tomorrow and it's a motion hearing . Does these carry jail time? What it is , is I got a divorce and in the divorce papers he wanted me to pay all debts well a year ago he was sued for a car that got repoed when we were married it was only in his name . Well two dats after he was sued he took me to court to get the divorce papersenforced. Well at the time he didn't know how much he would have to pay or anything. He just made up an amount and the judgeokayed it andit got to the point I would ask for proof of how much he had to pay and he wouldn't give me anything. I contacted the place to get the debt in my name and they said I need a judges order to switch it to my name. Well then he started to say he was going to file bankruptcy and then nothing was said about it. They are garnishing his wages now so he's taking me to court for a motion hearing well he's telling my kids I'm going to jail cause its been a year and no one has paid on it. What do you think will happen to me?

excon · Jul 31, 2007, 05:22 AM

Hello jean:

I have no idea what the basis of the motion is, nor what the motion requests... I also couldn't tell you whether you would win either, cause I don't know what it's about or your defense to it.

But, I CAN tell you this - you won't go to jail. We don't send people to jail over debts in this country.

excon

jeanneb74 · Jul 31, 2007, 06:14 AM

In my divorce papers he got me to take all the debt. Well a year ago we went in front of the judge about the car debt they said for me to pay it but he wouldn't give me a bill or anything I'm not going to just give him money. Well he didn't bring it up for awhile then last month he said he filing bankrutcy and now he's taking me to court for a motion hearing to get money from me for the car. He said payments were due on the 13th of every month but I never got anything on that and he even said he didn't know that so he just found that out to. He told my kids your moms going to jail tomorrow for not payning that for a year I'm scared he might be right do you

excon · Jul 31, 2007, 06:17 AM

Originally Posted by jeanneb74

he told my kids your moms going to jail tommorrow for not payning that for a year im scared he might be right do you

Hello again, jean:

Will it make you feel better if I say it again?? Ok, you aren't going to jail.

excon

jeanneb74 · Jul 31, 2007, 06:20 AM

Thank you. Its just I'm trying to get custody of my kids and he takes me to court every other month .I just have to find a good lawyer to help me . But I'm a single mother of three with very little money and him telling them I'm going to jail tomorrow isn't helping any

ScottGem · Jul 31, 2007, 06:25 AM

Ok, The only reason you might go to jail is if you willfully defy a court order.

I do think, however, that you need a good lawyer. I really don't understand how he got you to assume all the debts as part of the divorce. It sounds like he's manipulating the law and until you stop letting him victimize you, you will continue to have these problems. That's why you need a lawyer.

As for tmmw's court hearing, he made a motion to the court. The court will hear arguments on the motion and rule on it. Without knowing the nature of the motion we can't advise, but its highly unlikely you will go to jail.

excon · Jul 31, 2007, 06:27 AM

Hello again, jean:

If you want to play hardball (and I don't see why you wouldn't), you could tell him that the only one who risks jail because of the divorce, is HIM, if he falls behind in his child support.

Unlike him, you'd be telling the truth!

excon

jeanneb74 · Jul 31, 2007, 06:34 AM

The nature of the motion is he is trying to get me to pay the car off that was repoed when we were married. And a year ago we went in front of the judge and he wanted me to give him money each month to pay off the car and he didn't even know at the time how much the payments would be and he never showed me anything on this he just asked for money. Now tomorrow is he is trying to get this new judge to hold up the first judges ruling but I don't have any money and its been a year since we were at court the first time for this and he is upseting my kids saying I'm going to jail I'm just nervous because I don't have any money and its been a year but he hasn't brought it up until recently and even then it was I'm going to file bankruptcy and now its you were suppose to pay on the 13th of every month I haven't even seen any paper work on this

jeanneb74 · Jul 31, 2007, 06:36 AM

Originally Posted by excon

Hello again, jean:

If you want to play hardball (and I don't see why you wouldn't), you could tell him that the only one who risks jail because of the divorce, is HIM, if he falls behind in his child support.

Unlike him, you’d be telling the truth!

excon

I'm sorry I'm just nervous I get freaked out when I have to go to court exspecially since its been a year and I don't have any money to take to court tomorrow

ScottGem · Jul 31, 2007, 07:26 AM

You received a summons, correct? What EXACTLY does the summons say? What you describe is NOT a valid Motion. A motion in court is a request for a ruling on a point of law. He might be filing a motion to enforce the terms of the divorce decree or a previous judge's ruling.

But you didn't answer my question of why YOU were stuck with all the debts? However, if you AGREED to assume the debts and you haven't adhered to that agreement, you will be in trouble with the court. You won't go to jail, but you will be forced to pay up.

jeanneb74 · Jul 31, 2007, 07:38 AM

The way him and his lawyer did things they switched crap around and basically I got hosed. I got court papers a week and a half ago saying I had to go to court aug. 1 for a previous ruling by the other judge and it came by registered mail he filed it at the court then mailed it to me that day about a week or so ago

ScottGem · Jul 31, 2007, 07:43 AM

And what about your lawyer? What did he do to not let you get hosed? Or did you not have a lawyer? In which case, it may sound harsh, but you deserve what happened to you. To go into a contentious divorce, without a lawyer, especially when the other party has one is asking for whatever happens to you.

I didn't ask when you got the papers I asked EXACTLY what did they say.

What you need to do is RUN and get yourself a lawyer NOW. The lawyer will then ask for a postponement of the hearing while they familiarize themselves with the case. Then, maybe you can start fighting back instead of being a willing punching bag.

jeanneb74 · Jul 31, 2007, 07:47 AM

Thanks you're a real nice guy . Well some of us can't run out and afford lawyers when they want $4000 I have 3 kids to raise imm just trying to not go to jail on his stupid law suits he files every month sorry I bothered you

excon · Jul 31, 2007, 07:53 AM

Hello again, jean:

In fact, ScottGem is a sweetheart. You just don't like what he's telling you. But, he's right on the money.

The problem is, you probably called one lawyer or you just listened to the neighborhood gossip. I don't know, but you've got some wrong information. Yes, some lawyers would charge $4K and want it all up front.

But, I promise you, if you shop around carefully, you'll find one who will charge as he goes, and will let you make payments. They're out there. Go find one.

excon

ScottGem · Jul 31, 2007, 07:58 AM

You just don't get it, do you? You can't afford NOT to have an attorney. He has an attorney and he is going to continue to take advantage of you until YOU stop letting him and fight back. If you had gotten an attorney in the first place you wouldn't be in this situation now.

Yes I am a real nice guy. I'm a nice guy because I'm willing to offer you good advice for free. I'm a nice guy because I'm willing to tell you the truth even if it hurts you. I'm not bothered by your questions, but I am bothered about your willingness to be a victim. What's worse is you know you are being victimized and you won't do very much to change that.

As excon points you, you should shop around for an atty. Take to women's advocates or rights groups. They can recommend someone who will be more affordable and work with you on payments. But look at what NOT having a lawyer is costing you.

jeanneb74 · Jul 31, 2007, 07:59 AM

I have been looking for a lawyer for 6 months now I've met with about 20 of them and out here you can't make payments. And its not that I didn't like what he was saying it was that you just assume I'm not doing anything about this in fact I'm doing everything I can to get my kids away from him. I just wanted to see if anyone knew anything about a motion hearing . I just wanted to know if anyone thought I would go to jail for it OK thank you

jeanneb74 · Jul 31, 2007, 08:04 AM

Okay obviously you are truly a nice guy but you assume people are certain ways and that's not a fair thing to do to somebody. I couldn't afford a lawyer at that time. I am taking him to court in September and I'm getting my kids. I have done reseasrch every night about this and I'm going to win. I have so much dirt on him he's going to cry when I'm done. I was just wondering about tomorrow so I could calm my kids down and I've tried to get a lawyer for this court case but no one will take it. Thank you for helping I appreciate it

ScottGem · Jul 31, 2007, 08:14 AM

Sorry if I misjudged you, but your notes have this tone of the matyred woman who allows herself to be victimized. But, no matter how much dirt you have on him, if you go back into court without a lawyer against his lawyer, you we be severely limiting your chances.

As for as tomorrow's hearing, you haven't given us enough info to help you. We have told you that you can't be jailed for not paying debts. Its also highly unlikely that you will be jailed for any part of a divorce battle.

jeanneb74 · Jul 31, 2007, 08:18 AM

Well thank you for your help