[msdebbie]

I have been married for 25 yrs. He beat me throughout the marriage, broken ribs, hand and arm, etc. I left him last year and have tried several times to get my things. He would never allow me to have a vehicle in my name but when I left I took our car and left him with our truck. I found out he was giving and throwing all my furniture and clothing, photos etc. away and went over 2 weeks ago to find out what was going on. He forcefully took the keys to my car away from me and dragged me around, hit me in my eye and broke my glasses. I called the sheriff and they responded. He was immediately arrested. The sheriff could not force him to give me back my car because it was in his name. I was advised to get a restraining order immediately and go about getting my vehicle legally through the court. While at the courthouse seeking a restraining order I was completely shocked to find I was divorced and he had not disclosed any property so because I was never present, he won the divorce uncontested. I was granted the restraining order and the judge said the car was his, in his name and we were divorced so I have no right to the car. We live in CA so it is 50/50 but he managed to acquire everything. It took me several days spending every hour at the courthouse to file papers to set aside entry of default and file proposed response. Finding out my rights without an attorney was a nightmare, getting anyone to help me was almost impossible. I found out that he had divorced me almost 6 months ago and I only had 2 weeks to file this before losing my opportunity. I read my file and found that someone, apparently a friend of his, had signed under penalty of purgery that he had served me at an address I have never been at. My husband gave the court an address for me that I have never lived at or know anyone who has ever lived at. In my file are all the returned letters that the court had sent to the fake address. In the divorce papers he didn't disclose that we owned a home, 2 vehicles or that there is a houseful of furniture. He had already closed all the bank accounts and withdrew all the cash last year. He didn't disclose the 2010 tax return, his union pension, our several computers, and tv's. I am still in shock that something like this could even happen. I have to appear in court next week for the restraining order and the week after that for the divorce case. I have the same woman judge who I met with obtaining the immediate restraining order, she noted my eye was injured and saw my broken glasses. My hope is she will see that my husband lied about me being served and lied about the address to further abuse me by not allowing me to have anything, including my car. My question is, what happens if he sells or gives my car to someone-most likely his father or brother to prevent me from getting it back? If he went to all the trouble to keep me from knowing I was divorced and intentionally prevented me from getting anything at all, then now that I have had him served through the sheriff, he has advance notice to get rid of it all. I was told the court would grant me spousal support and if he sells the car he would owe me the money. I will have a very hard time getting any payment from him. Does anyone have any advice for me, or know anything I can do or say that will help me when facing the judge? He spent 12 days in jail and has a huge fine now and has been sentenced to 52 weekly anger management classes. He will pay off his fines before I see any money. I ran out of our home last year with only the clothes on my back and a car. Now everything has been thrown out, and he put the house in foreclosure last July and I saw while there that vertually everything is gone. Has anyone ever heard of something like this happening to anyone else? Am I all alone in this. I would appreciate any advice or wisdom in this matter. Thank you.

[justcurious55]

Do you have an attorney? If not, I'd get one.

You're not alone in this. It sounds a lot like what happened between my parents. And you don't want to try fighting this without an attorney.

[AK lawyer]

... My question is, what happens if he sells or gives my car to someone-most likely his father or brother to prevent me from getting it back? ...

Send anyone he might sell it to certified letters advising that you are claiming it and if they buy it they buy it at their peril. If your husband does that, you would ask the court to set the transfer aside.

It sounds like your husband, and those he conspired with to fake the service of process, are guilty of a number of crimes. Ask the police & prosecutors to bring charges against them. You could also sue the lot of them for the expenses you have been put through because of their fraudulent, criminal activities.

No, I have never heard of something quite like this. Good luck.

[cdad]

Also ask or make the recommendation to the judge that your casefile be forwarded to the district attorney for examination. There are many violations as has been said. One of the more serious charges would be mail fraud. That is a federal offense.

What you need to do now is gather your thoughts and reciepts to create a paper trail. Your going to need to make copies of everything. If you can get representation (at HIS expense) then do so. Call around to local shelters and abuse hotlines and gather as much as you can for resources. None of what happened is your fault. NOW is the time to stand up for yourself. DO NOT buckle.

When going to court you might also want to ask that you be given more time (an extension) to gather the needed evidence. That way you can have a much clearer point of view. At the hearing for the restraining order after you get it. Be sure you ALWAYS notify the courts of it whenever there is a pending hearing and keep a copy with you at all times.