Full question:
In a California divorce settlement in 2003 assets were divided including real property and a family owned business. Attorney handled both the business sale and division of property. I have recently received notification that I am still responsible for a line of credit and credit cards on the business. My ex husband is not paying and is in collections per the bank they earned money from me stating I am responsible as he is not paying and has no money. Do I have legal case against my attorney for not clearing my name and responsibility from the business? Currently this attorney is dealing with the bank on my behalf at no charge as he did state a few months ago that he was concerned that he missed something in the divorce and business settlement.
- Category: Contempt
- Date:
- State: California
Answer:
When a court order isn't followed, a petition for contempt may be filed in the court that issued the order. A requrest may also be made to have the court to order the noncomplying party to pay for the losses caused by the failure to comply. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court. A party may also file a Judgment on Rule for Contempt, which is a prepared judgment ready for the judge to sign, to further the court's ease in making a determination. A certificate of service is filed along with the petition to prove that the petition was served on the opposing party.
A third party, such as a creditor, is generally not bound by the terms of the divorce decree, since the creditor is not a party to the divorce. The creditor will typically pursue its rights under the contract terms as they existed prior to the divorce. The creditor will look only at the contract terms, and if you are the responsible party on the contract, they will seek collection from you.
The answer will depend on all the circumstances and the terms of the divorce decree. I suggest you contact a local attorney who can review all the facts and documents involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
