Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Sep 2010
    Posts
    3

    Default Divorce Statute of Limitations

    My question involves a marriage in the state of: GEORGIA

    Final divorce decree 2/25/1999.

    In original divorce decree there was a home equity loan of $30K . They were to split the $30K with him obtaining a loan and paying $15K to the ex wife in 45 days. If he could not do that she was to repossess his truck and sell it for no less than $4K and apply it towards the loan and he was to get a loan for the $11K balance payable in another 45 days. She got the truck and never sold it. He hasn't paid anything towards this. They went to child support court in January 2003 and before the hearing she presented him with a promissory note for the loan to be paid directly to her at $200/mo. He signed it because she told him that if he didn't she would push for him to go to jail on the child support arrears. Fast forward to yesterday 9/14/2010. He received a letter from her stating that he now owes her $11K with 11 years of interest at 7%. She has not said one word about this debt since 2003. He has not paid one penny thus far. She is threatening to have his wages garnished. Is this collectible? Is there a statute of limitations on divorce decrees. Is she in contempt for not selling the truck?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Divorce Statute of Limitations

    Is she in contempt for not selling the truck?
    no but it is likely the value of the truck will be used as an offset from the $15k.

    Is there a statute of limitations on divorce decrees.
    yes but it appears she accepted the promissory note as fulfillment of the decree. He wouldn't be liable for both debts. The problem then becomes; is there an SoL on a promissory note and yes, there is.

    A promissory note has an SoL of 6 years and a judgement has an SoL of 7 years. It would appear she may simply be SOL due to her ignoring the SoL of any particular instrument of debt she held.

  3. #3
    Join Date
    Sep 2010
    Posts
    3

    Default Re: Divorce Statute of Limitations

    Quote Quoting gadivorce
    View Post
    [
    yes but it appears she accepted the promissory note as fulfillment of the decree. He wouldn't be liable for both debts. The problem then becomes; is there an SoL on a promissory note and yes, there is.

    A promissory note has an SoL of 6 years and a judgement has an SoL of 7 years. It would appear she may simply be SOL due to her ignoring the SoL of any particular instrument of debt she held.

    If I am understanding you correctly she has no legal standing to collect this debt whether she tries to use the original divorce decree or the promissory note. What is the SoL on Divorce Decrees in GA

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Divorce Statute of Limitations

    the decree results in a judgment from the courts ordering actions (payments). A judgement has a 7 year SoL.

    I do not believe she has the right to attempt to enforce either the decree (judgement) or the promissory note through the courts. Of course, with any statute of limitations defense, that defense is an affirmative defense and must be raised when responding to a complaint and summons. Failure to present the defense at that time can result in it not being accepted as a defense and the plaintiff can prevail.

  5. #5
    Join Date
    Sep 2010
    Posts
    3

    Default Re: Divorce Statute of Limitations

    Quote Quoting jk
    View Post
    Of course, with any statute of limitations defense, that defense is an affirmative defense and must be raised when responding to a complaint and summons. Failure to present the defense at that time can result in it not being accepted as a defense and the plaintiff can prevail.
    Gotcha!! Thanks so much.

    1. Sponsored Links
       

Similar Threads

  1. Statute of Limitations on Divorce Decree
    By meldoug in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 01-03-2009, 08:31 AM
  2. Divorce: Divorce Statute of Limitations
    By meldoug in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 01-01-2009, 03:03 PM
  3. Divorce: Statute Of Limitations On Divorce
    By sanddragon2004 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 04-18-2008, 07:44 AM
  4. Divorce: Is There A Statute Of Limitations On A Divorce Decree
    By tmratcliff in forum Divorce, Annulment and Separation
    Replies: 6
    Last Post: 02-14-2008, 07:26 AM
  5. Property Division: Statute Of Limitations On A Divorce Decree
    By Footballfan12 in forum Divorce, Annulment and Separation
    Replies: 5
    Last Post: 02-01-2008, 03:40 PM
 
 
Sponsored Links

Legal Help, Information and Resources