Intentionally Defrauded of $26K-Want Judgment and Liens
Started by summeruv1967 , Dec 16 2013 10:45 AM
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Posted 16 December 2013 - 10:45 AM
Two years ago I had my own business, a home, and going to college full-time for my degree. I was owed 30K in child support arrears after 12 years of supporting my two girls who were abandoned by their father, twelve to eighteen months here and six months there... I had to file papers to get him to even come out of his wood work to go to court and since I filed for max support of $1300.00 a month he didn't stand up the court. (It wasn't all for the money... It was for our girls who wanted to know their dad.) Unfortunately, he did what he always does and disappeared again after three or four months.
So... This was two years ago and I got very, very sick. I couldn't work. Within the three months of illness during the turn of our economy, I lost the majority of my clients, my home, and everything I had owned for over thirty years. But I had my old work truck so it then became my home.
After three months in my truck, my ex found me and was nice enough to bring one of our daughters to visit regularly. (Too good to be true should have remained my thoughts). Food, fuel, and a few bucks here and there was nice and helped me to get around while I was looking for a job.
In August last year, about three weeks after his initial arrival he stated he "wanted to help me... Lump sum of money from his vacation checks twice a year and his tax refunds at 1/3 for me, 1/3 for our daughter, and 1/3 for him. This was to begin 1st week, Dec. 2012 as long as I "forgave the $30K" so he could get his credit, Driver's License back, and passport, etc.
Since I had been sleeping in my truck, was depressed and sad because I couldn't find work no matter how hard I searched and was barely eating... I was very vulnerable and after five weeks or so, he came to me unexpectedly, to pick me up. After finding out that he was taking me to the Child Support Court house I began to hand write a contract for him to sign that described our agreement. I signed off on the 30K after he made corrections on my hand-written agreement then signed it.
He took me to lunch and assured me, "you can trust me... I know you have not trusted me before and I understand, but I really do want to help all I can."
By December 7, 2012, the day his vacation check was supposed to be in, I texted him. I got no answer. On December 10, 2012 I texted again with a full description of our agreement. He text back, "LOL. I have a document you signed. You don't have **** and I don't know what you are talking about..."
I had a full on panic attack and couldn't breathe. I nearly hit the floor before my mother yelled, "what's wrong with you? Are you ok?" (I forgot... I went to stay with my mom... reluctantly... due to the agreement with me and my ex and hopefully getting back on track.) I regained my composure and explained what happened to my mother so she didn't call the paramedics. "I knew he wouldn't go through with it! He's a con artist and a liar! Always has been and always will be..." By the time Spring Semester was half finished, I simply couldn't concentrate and began to fail my classes. It was devastating in every way.
This brain injury attorney man had our oldest daughter, but she ran away at 17 in 2012 after months of desperate searching for a job that eventually landed her in a very "compromising" profession. She earned thousands and ran. Her dad didn't even try to find her or even call until two months later. Sad on so many levels, but she couldn't stand it another day so she did what she had to do.
He has our youngest daughter (now 14) in his custody since I can't secure a job and a home. and she was once an "A" student with a "FREE" coach to train her for gymnastics and hopes for the Olympics. She was all I wanted because she was so miserable with him... She now had straight "F's" and was expelled from the District. The rest is even worse. .
It has been a year now and I finally secured a seasonal job. My youngest daughter is getting worse and worse due to his verbal and emotional abuses and his severe neglects... The last bit of news about her crushed me and I know it is time to file a suit against him for what he owes, secure a judgment and liens on his property (some/all of which is in his fiancé's name).
He makes $30 an hour as a foreman, then sells illicit drugs too. His tweeker girl makes around $2400 a month.
From what I understand... Sue. Judgment & Liens. Sue for punitive/exemplary damages for malicious intent to defraud at up to 10% of the original debt.
If I am wrong... I need to know. If I didn't tell the whole story to give the impact of truth, then nobody would be able to give me sound advice. Sorry for the length.
Posted 16 December 2013 - 11:11 AM
Quite a bit too much extraneous detail there (I'm sorry about all your bad luck though).
I gather you can't live with mom or family/friends, but there are other ways to secure a place to live even when you don't have those available. (In fact, had the girls stayed with you, you'd have been eligible for a number of phases of assistance. At any rate, charitable organizations may be the best way to go.)
It's unclear why you haven't contacted social services/children's protective services about your daughter.
It would be through the family court that you'd pursue him on the basis that whatever you signed supposedly freeing him of his obligation to pay child support is void or voidable. You haven't said anything to indicate this is a simple fraudulent contract action.
I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.
Posted 17 December 2013 - 09:19 AM
the case for fraud goes beyond the Tort claims. It's a contract matter as well. You and He made an agreement that he would make regular payments to you from those refunds and vacation pays in return for you relieving him of his child support arrears. You have a contract (it doesn't HAVE to be in writing to prove a contract). You at least have a breach of contract case against him with a chance to add fraud to it if you can prove his intent--doesn't have to be malicious, just the intent to not honor his side of the bargain. You need evidence in the details to get fraud, but at the very least you have a breach of contract case which could get you a enforceable judgment for the amount of those arrears. And if you can prove the malicious part then you can add tort damages as well.
What you need to do is to be able to prove it all. Witnesses and documents have to exist to tell the story that you told this forum. You need an attorney.
Posted 17 December 2013 - 10:13 AM
Out of curiosity, you describe the situation where you agreed to forgive the back child support in exchange for what amounts to 2/3 of his vacation checks and 2/3 of his tax refund (simplified i know), did the document you hand wrote contain the full details of the arrangement or did it just say you would forgive the back child support? Also, you said that you did that on the way to the Child Support Courthouse, was this new contract shown to the court?
And I agree that you should seek an attorney . Fraud claims carry the possibility of punitive damages, and beyond that, the money involved would probably be enough that you could find an attorney willing to work on a contingency fee basis. This would not be an issue in a contract case and even though there are some prohibitions against contingency fee cases in family law cases , they are only prohibited when the amount is contingent on attaining a divorce or on receiving a certain amount of child support or spousal support, not the issue here.
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Posted 22 December 2013 - 01:57 AM
Thank you for the input.
Now, if I could only figure out how to get to these topic strings in less than 30 minutes or two days... that would be something. *frustrated*
Answer to your question(s):
The 1/3 agreement was detailed as "December of every year, beginning 2012...1/3 Vacation..." "July of every year, beginning 2013...1/3 Vacation..." and "1/3 of tax refunds every year beginning 2013..." "until the total amount of [specified amount] is paid in full to 'me' [idiot!]"
This did not include another 1/3 of each payment specified above to be placed in a trust for our daughter minus large expenses required, like braces and stuff (who he abuses continually... Another issue to be judicially raised as soon as I can file...)
Posted 22 December 2013 - 02:37 AM
And... No... This document was never handed to the court.
I went from Family Law, where I was pretty proficient in, to a realm of law I had little to no experience in. I sat in two different Family Law Facilitator's Offices (per their advice) and was told they couldn't help me then they advised that I go to the original courthouse where the family law filings were made to file for a judgment. The rest is history... I was given poor advice and have been studying like crazy to get this far... But no advice on forms, filings, order of filings, etc., as mentioned before.
No money. There's no work but seasonal and well, the "season" is coming to an end now isn't it?
I'm so frustrated and just need some guidance in this before I file OSC to Family Court for Custody... I know that I have to be methodical in my case filings as well...
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