Results 1 to 5 of 5
  1. #1
    Join Date
    Mar 2020
    Posts
    2

    Default Is Debtor's Wife Still Responsible for That Money

    My question involves collection proceedings in the State of: Florida

    I won lawsuit near Tampa, FL after long legal fight. The debtor and his wife's financial records show that his wife, who is not a party in this lawsuit, spent $$$$$ of his garnishable money from their TBE (tenancy by entirety) joint bank account (which was funded by him only, and which was created after the lawsuit was filed) and bought property on her name.

    After a while, she paid him back that $$$$$ by check (drawn from her single personal account) on his name, and he cashed that check by depositing it in his own personal account and later withdrew all the cash (under oath, he testified that he spent that cash, and that his wife did not even touch that cash). After a while, she deposited a large amount of cash in her single personal account. Under oath, she testified that it is her personal cash she saved, long before the lawsuit, from her own earnings. She is arguing that, because she already paid back that $$$$$ (used to buy her property) to her husband, she does not owe him anything now. Can I do anything under Florida chapter 726 fraudulent transfer, or proceedings supplementary, etc to get that money back from her? Debtor has no more money left over to collect from him.

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Is Debtor's Wife Still Responsible for That Money

    Quote Quoting reb89
    View Post
    My question involves collection proceedings in the State of: Florida

    I won lawsuit near Tampa, FL after long legal fight. The debtor and his wife's financial records show that his wife, who is not a party in this lawsuit, spent $$$$$ of his garnishable money from their TBE (tenancy by entirety) joint bank account (which was funded by him only, and which was created after the lawsuit was filed) and bought property on her name.

    After a while, she paid him back that $$$$$ by check (drawn from her single personal account) on his name, and he cashed that check by depositing it in his own personal account and later withdrew all the cash (under oath, he testified that he spent that cash, and that his wife did not even touch that cash). After a while, she deposited a large amount of cash in her single personal account. Under oath, she testified that it is her personal cash she saved, long before the lawsuit, from her own earnings. She is arguing that, because she already paid back that $$$$$ (used to buy her property) to her husband, she does not owe him anything now. Can I do anything under Florida chapter 726 fraudulent transfer, or proceedings supplementary, etc to get that money back from her? Debtor has no more money left over to collect from him.
    She paid him back and what you are alleging is that he then turned around and gave it back to her again, i.e. that she lied about this money being from money she saved from her own earnings. If you can prove that you likely can succeed in getting the court to deem it a fraudulent transfer and require the return of the funds so that you can then attach it. The problem, of course, is effectively connecting the dots to make the case that the money she now has in fact came from him. You'll want to consult a Florida civil litigation attorney about that.

  3. #3
    Join Date
    Mar 2020
    Posts
    2

    Default Re: Is Debtor's Wife Still Responsible for That Money

    Thank you for the response! She testified that she had a job prior to this lawsuit and she saved her legally earned money in cash than saving in bank (her past tax returns, jointly filed, also prove that she made far more income than that $$$$$ plus the cash currently deposited in her single account). I don't know what I need to do to prove this as I have no single evidence or testimony on my side. I spent a lot on this. Do you think there is any chance in succeeding in this scenario?

    By the way, she used the $$$$$ money from their TBE account to purchase her property but she paid back that $$$$$ on her husband's name only (by writing a check and he deposited/cashed from his single account) rather than depositing it in the same TBE from where she got that $$$$$. does it make any difference or it does not matter?

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Is Debtor's Wife Still Responsible for That Money

    Quote Quoting reb89
    View Post
    Thank you for the response! She testified that she had a job prior to this lawsuit and she saved her legally earned money in cash than saving in bank (her past tax returns, jointly filed, also prove that she made far more income than that $$$$$ plus the cash currently deposited in her single account). I don't know what I need to do to prove this as I have no single evidence or testimony on my side. I spent a lot on this. Do you think there is any chance in succeeding in this scenario?
    You would have to have hard evidence.

    By the way, she used the $$$$$ money from their TBE account to purchase her property but she paid back that $$$$$ on her husband's name only (by writing a check and he deposited/cashed from his single account) rather than depositing it in the same TBE from where she got that $$$$$. does it make any difference or it does not matter?
    That part doesn't matter.

  5. #5
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Is Debtor's Wife Still Responsible for That Money

    Quote Quoting reb89
    View Post
    Thank you for the response! She testified that she had a job prior to this lawsuit and she saved her legally earned money in cash than saving in bank (her past tax returns, jointly filed, also prove that she made far more income than that $$$$$ plus the cash currently deposited in her single account). I don't know what I need to do to prove this as I have no single evidence or testimony on my side. I spent a lot on this. Do you think there is any chance in succeeding in this scenario?
    You may need to dig around for more evidence to connect the dots to show the money did actually come from him and he got nothing back of about equal value for it. You may need the help of a lawyer to get the evidence you need for that.

    Quote Quoting reb89
    View Post
    By the way, she used the $$$$$ money from their TBE account to purchase her property but she paid back that $$$$$ on her husband's name only (by writing a check and he deposited/cashed from his single account) rather than depositing it in the same TBE from where she got that $$$$$. does it make any difference or it does not matter?
    If anything it's more helpful to her in making the argument that she fully repaid him since if it had been put in the TBE account she'd still have access to it and an interest in it. By paying it to him directly and having it go to his single account, she can't reach it like she can if it were in the TBE account.

    1. Sponsored Links
       

Similar Threads

  1. Debt Collectors: How to Collect Money from a Debtor's Inheritance
    By lawfacts in forum Debts and Collections
    Replies: 1
    Last Post: 11-09-2016, 04:27 PM
  2. Replies: 3
    Last Post: 03-23-2010, 02:12 AM
  3. Repossession: Wife's Car Repo, Am I Responsible?
    By darth vader in forum Cars and Dealerships
    Replies: 1
    Last Post: 09-26-2008, 04:37 AM
  4. How To Collect Money If The Debtor Has No Money In The Bank
    By rose_bullet in forum Civil Procedure
    Replies: 14
    Last Post: 11-02-2006, 04:43 PM
  5. Property Division: Am I responsible for wife's credit cards
    By keziah49 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 05-11-2006, 12:12 PM
 
 
Sponsored Links

Legal Help, Information and Resources