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  • Complying with court orders

    Partly to seek advice and partly to vent.
    After 8 years of separation the property settlement orders were approved on 6/1/14.
    One of the orders is that the property transfer to my ex and the tiny payout to me be completed within 30 days.
    It is now 80 days and despite me calling her every week for an update I still keep getting "it's happening next week".
    Today I called the family court to ask what they are doing to enforce their orders. Nothing apparently and their instruction to me was to have my lawyer (!) send my ex a letter giving her 30 days to comply or I will apply for enforcement!!
    The bank won't talk to me because its not my application. This is really starting to seriously hurt financially. I should have started enforcement on the day after the court order stated.

  • #2
    Originally posted by tim the pool man View Post
    I should have started enforcement on the day after the court order stated.
    This.

    I had to do this for my first crash. It sucks, but unfortunately that's the way it goes... I never used a lawyer letter however Legal aid recommended me to do this as 'evidence' I've taken all reasonable methods of attaining payment prior to sheriff...
    Originally posted by Rich...
    You got me in trouble...

    Comment


    • #3
      Are you transfering the property soley into her name? If that's the case is it a hold up with the settlement agent?
      I know with mine the transfer was handled by the bank and she got her payout and property was transfered into my name with in a couple of weeks. have you already signed transfer papers?

      Wondering if she doesnt have the money to pay you out and thats what the stalling is for.

      Comment


      • #4
        The holdup is because she is in no hurry and she knows she holds all the cards and that its causing me grief.
        How can I find out who the settlement agent is if she won't tell me?

        Comment


        • #5
          Originally posted by tim the pool man View Post
          their instruction to me was to have my lawyer (!) send my ex a letter giving her 30 days to comply or I will apply for enforcement!!
          My own experience is that this is pretty much all you can do, family court will only enforce the order if you do
          Knowledge without mileage equals bullshit.

          "The feelings mutual so kindly fuck off"

          Comment


          • #6
            Originally posted by tim the pool man View Post
            The holdup is because she is in no hurry and she knows she holds all the cards and that its causing me grief.
            How can I find out who the settlement agent is if she won't tell me?
            Hmmm, well you will have to sign the paperwork for the bank so i'm not sure why they wont deal with you. If you are on the mortgage papers surely you have the right to know answers from the bank.

            Thats crap that the court cant enforce their own orders, calling BS on them there.

            Maybe try going to the bank and get the ball rolling yourself to get the house changed into her name with a provision for an amount same as court orders to be transfered to you as apart of the transfer. Settlement agent should be able to help you out.

            Maybe give My House Property Settlements a call, they have handled all my investments up to now and the transfer of ownership after my split, great to deal with, maybe they might have some answers for you.

            Good luck

            Comment


            • #7
              You could always burn the house down, preferably with her in it. That way no one else ever has to deal with the bitch
              Men have motorcycles while women have menstrual cycles, you can't talk to either while they are on it. The women's also has a sound, it goes nag-na-nag-nag-nag, biiiiiitch-bitch-biiiiiiiitch!

              Comment


              • #8
                Originally posted by tim the pool man View Post
                Partly to seek advice and partly to vent.
                After 8 years of separation the property settlement orders were approved on 6/1/14.
                One of the orders is that the property transfer to my ex and the tiny payout to me be completed within 30 days.
                It is now 80 days and despite me calling her every week for an update I still keep getting "it's happening next week".
                Today I called the family court to ask what they are doing to enforce their orders. Nothing apparently and their instruction to me was to have my lawyer (!) send my ex a letter giving her 30 days to comply or I will apply for enforcement!!
                The bank won't talk to me because its not my application. This is really starting to seriously hurt financially. I should have started enforcement on the day after the court order stated.
                After Six years with orders from a Magistrate and now a judge from the Supreme Court (twice) with a Personal Property Seizure Order in place for 12 months against his property, my neighbour still will not pay my court costs of 13k+ and rising every day.

                He now has a hearing with some court on the 31st for whatever delaying reasons he can find and I still am unable to enforce the "Orders" that were handed down or the PPSO.

                It has changed the way I think about litigation in many ways and if I will pay or not, basically if you have enough bullshit reasons the Courts would appear to "HAVE" to listen until "ALL" arguments, whether bullshit or not are extinguished!

                Sorry, but good luck.
                Every Day Above Ground is a Good Day!

                Comment


                • #9
                  Originally posted by Waikikablukar View Post
                  You could always burn the house down, preferably with her in it. That way no one else ever has to deal with the bitch
                  Haha if I was going to do that I should have done it while I was still the beneficiary of her life insurance :-)

                  Comment


                  • #10
                    hey Tim at least now you won't be a suspect then
                    the name is Trevor like me to spell it for you


                    Originally posted by CitizenD
                    Nobody is getting anywhere near my 'donut'. Not while my heart still beats.

                    Comment


                    • #12
                      If your name is still on the house title then go live there for a while. Until it is no longer in your name.

                      If there are no court orders restricting you from the property, and the ownership records have your name, then turn up and let yourself in.

                      If she changes in the locks then go break a window (ie the one in her bedroom). It's your house, so it's your property to damage.

                      Walk around naked. Urinate in the kitchen sink. Masturbate when you feel like it, in whatever room you choose (ie act normal... ) .








                      (Yes, I'm in a delightfully cheerful mood this week...)
                      One owner. Only driven gently on Sundays. Sold to best offer. First to see will buy. Reward offered for safe return. Coming soon to a cinema near you. Available for a limited time only.

                      My waterbed broke this morning. Oh, I don't have a waterbed. Bugger.

                      Comment


                      • #13
                        Legal aid fucked this up years ago when I was first trying to get the settlement sorted.
                        I had an initial appointment with them then tried to book a follow up some weeks later.
                        They could no longer talk to me about it because they had accidentally seen my ex wife in the meantime.

                        - - - Updated - - -

                        [MENTION=5421]Phildo[/MENTION] the reason I won't do that is the same reason she has the house and I've let it drag on so long. My daughters live there.
                        Hasn't done me any good though, they side with her and I'm the bad guy even though it was her that split us up

                        Comment


                        • #14
                          Complying with court orders

                          Originally posted by Phildo View Post

                          If she changes in the locks then go break a window (ie the one in her bedroom). It's your house, so it's your property
                          No, this is called break and enter, if you have "voluntarily" ( and i use that word loosely) chosen to live somewhere else then you can't go back into that property without permission.
                          I may not know the exact wording of the law but i have been there and done that, having been setup by my ex and escorted out of my own house by 4 officers in front of my own kids!

                          Legal aid and the citizens advice bureau were a complete waste of time for me as well and just put me further behind. I'm sure they work for some though.
                          Knowledge without mileage equals bullshit.

                          "The feelings mutual so kindly fuck off"

                          Comment


                          • #15
                            Originally posted by tim the pool man View Post
                            Phildo the reason I won't do that is the same reason she has the house and I've let it drag on so long. My daughters live there.
                            Hasn't done me any good though, they side with her and I'm the bad guy even though it was her that split us up
                            In that case, turn up, move in and be ultra polite. Turn on the charisma.

                            Be nice and charming. Do all of the housework. Write sweet lovey dovey notes for your daughters. Buy flowers for the house. Clean up the yard, mow the lawn, etc.

                            Say nice things to your daughters. How beautiful they are, etc. Do things that are age-relevant.*

                            Get the slightest bit on their good side and your ex-wife will have that settlement done the next day. She won't sleep properly until it's done.

                            * Shit, I just remembered... I have actually met one of your daughters. An absolute stunner, and not dumb. It wouldn't be too impossible to get along with her.
                            One owner. Only driven gently on Sundays. Sold to best offer. First to see will buy. Reward offered for safe return. Coming soon to a cinema near you. Available for a limited time only.

                            My waterbed broke this morning. Oh, I don't have a waterbed. Bugger.

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