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    Finding Assets

    I have a ton of debt and an ex that owes me quite a bit of money, medical reimbursements and other expenses related to the kids. Went to Court and ex claimed poverty (income of over $550K) due to upcoming foreclosure on multi-million dollar home, over $500K in credit card debt (how do you get that much credit?? - unless you make lots of money....). etc etc. I strongly suspect ex is hiding assets but the court would not order any sort of search. Can I do one on my own? Ex has remarried and I suspect assets have been transferred. I'm not "out to get" this person. It just seems that if you have money somehow you're allowed to keep it, hire lawyers, stall the system. etc etc while those with little or nothing get screwed (that's an understatement!). BTW ex is a lawyer...

    #2
    Having a lot of money and having wealth are two different things. First of all, the money he owes you, is it in a child support situation? This cannot be ignored or discharged in bk. You can go after discovery if you wish to pursue a divorce agreement as that is like a Judgment. You could sue him as well but it would cost you for a lawyer unless you can find one that would work on contingency.

    Of course you can investigate yourself. Be careful do not stalk him but a private investigator can. Check Public records in his County/s for anything that was in his name and transferred. Most Public records in our area are online. You can subpoena his 1040's and also go to PACER and see if he is in bk. If so, you would be on his automatic stay but could do an AP against him, especially for fraud if you can prove an illegal asset transfer.

    There are many things you can do. Heck with you don't want to nail him, you are now his victim and a creditor attempting collection. You must prove to a Court or in a divorce degree where and how much he owes you. I would start getting that together now and within a suit, discovery is under oath. Yes he knows all that as a lawyer, but he can still become indigent if the outgo is larger than the cash flow. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      You could hire a private detective but if the ex is a lawyer you could be getting ready to spend thousands in legal fees to sue against his being able to have a buddy help him defend.

      Is it worth it? You could spend $10,000 to recover a few bucks...

      Comment


        #4
        Originally posted by Bell30656 View Post
        You could hire a private detective but if the ex is a lawyer you could be getting ready to spend thousands in legal fees to sue against his being able to have a buddy help him defend.

        Is it worth it? You could spend $10,000 to recover a few bucks...
        True, but without the OP giving more info, we still don't know what she has already in place. If this is child support, in most states his drivers license can be suspended for delinquency of that obligation. If in the Divorce Decree if he is obligated to pay for medical or alimony, that is a Judgment and can be used to subpoena his asset base information. It is free to look into Public Records to see any recent transfers before or after the divorce. This is fraud and hiding assets. An Adversary Procedure in the event he bk's is very easy to file. Hope she comes back with some more background. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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          #5
          There are additional Issues

          I'm already in Court (a trial). Ex is claiming they have little money to give to these children. Since no one in the legal system seems to want to force him to prove his true financial situation (including that of his family - wife) , how can I obtain that information for little money? I had lawyers but no longer do, as I can't afford them any longer (They actually were allowed to withdraw from the case.) Motions were filed for ex to help with legal fees were denied without prejudice pending the trial (round and round we go). As I said, the money he owes me (which he claimed he has paid - with NO proof of ever doing so), is pending the final outcome so there is disagreement as to whether or not he paid............

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            #6
            Originally posted by howdidithappen View Post
            I'm already in Court (a trial). Ex is claiming they have little money to give to these children. Since no one in the legal system seems to want to force him to prove his true financial situation (including that of his family - wife) , how can I obtain that information for little money? I had lawyers but no longer do, as I can't afford them any longer (They actually were allowed to withdraw from the case.) Motions were filed for ex to help with legal fees were denied without prejudice pending the trial (round and round we go). As I said, the money he owes me (which he claimed he has paid - with NO proof of ever doing so), is pending the final outcome so there is disagreement as to whether or not he paid............
            Unless you absolutely trust an ex, payment for child support or alimony should be paid through the Courthouse. That is the best proof. Being that it is your word against his, if you can impeach his word by showing any sort of lie, his case will fall. Most of the time a woman gets a bit of a preferential favor in a Jury trial.

            Do you, as I asked the other OP, have proof of any kind of agreement in your divorce? He cannot abandon the child support as it will tally against his future if nothing more. It can even be levied against his estate if he dies. The problem with the Court system is, that the priorities start to fall as the vast amount of ridiculous tort occurs. The real cases get pushed aside. You can figure this when health care starts and gets prioritized.

            Having little money did not stop him from fathering your children, did it? That is his lifetime (until they reach 18) job to support what he has "whelped". How many children did he sire with the new bride, or take on as his responsibility into a new marriage?

            I have no passion for dead beats when it comes to responsibility and child abandonment. 'Hub
            If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

            Comment


              #7
              Ex owes me tons of money. Of course, there is an agreement. In addition to owing me reimbursement for items indicated in our Agreement, I am also now requesting additional support. Ex claims they're on verge of bankruptcy (but of course cannot claim bankruptcy due to their partnership in a law firm). This has been dragging on for two years. I am now in serious debt due to the nonsense that's been going on. I'm asking how I, myself, can get a true picture of his finances. Apparently, the judge in the case doesn't think the ex has to back up any of their claims. I was married to this person for many years - and now know what a dishonest person they truly are. BTW new spouse is a lawyer as well. They know how to lie well. When I had a lawyer, ex would claim they had no further documentation. I insisted something be produced - well, nothing ever was and it looks like it won't be. My biggest concern is over the kids. (And, yes, children were produced in the second marriage but, get this, my ex doesn't support those children -even though he is their parent - he claims his wife supports those children.)

              Comment


                #8
                If you have a judgment against him, you become the judgment creditor. At that point you can pay a fee to the court and demand that he appear in court for a Debtor's Exam. At the Debtor's Exam you can ask him questions about all of his money, assets, etc. and he must answer honestly under penalty of perjury.

                But the first step would be to file a lawsuit against him and then win it. Have you done that yet? Until you do that, he is under no obligation to answer any of your questions.
                The world's simplest C & D Letter:
                "I demand that you cease and desist from any communication with me."
                Notice that I never actually mention or acknowledge the debt in my letter.

                Comment


                  #9
                  So there is appears to be no way for me to get the true financial picture. I am currently in litigation (including a trial) and the judge will not order that the ex produce their financial records. What can a private investigator get and anyone have any idea what the fee would be? A friend of mine had a private investigator trace a license plate number - it cost $50.

                  Comment


                    #10
                    i hate to be the bearer of bad news here, BUT...you are dealing with 2 lawyers....now i have myself been carefully placing MY assets for years.and i know very little about doing it.but have had NO problems...and you are up against TWO lawyers...that probably know every trick in the book...not to mention they have friends that are lawyers...and we all KNOW the morals of a lawyer....so unless you have things clear cut on paper..i think you are wasting your money and time.....also this almost sounds like a bitter ex wife trying to get a little extra revenge....as divorce settlements and child support..health insurance...etc.....are usually very CLEAR..as to who owes what and OWNS what....i have friends going through the exact same thing....and all the ex wife has to do is pay a couple hundred to re open the case and present EVIDENCE of wrongdoing to the court...and they then make a determination.....

                    Comment


                      #11
                      Also keep in mind the judge is a lawyer... Have you ever heard of the old boys networks? Without a seasoned private investigator at your side showing clear documentation trails, locations of assets and other financial wrongdoings you have a very tough case to prove. You already are behind the 8 ball not having a lawyer to represent you.

                      Comment

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