Legal Question in Credit and Debt Law in Connecticut
Stipulation enforcement in NYor CT?
My dad filed a construction trust lawsuit against his son when the son refused to pay for a house he had transferred to him for zero dollars. The case was settled out of court and the final stipulation states the son is to sell the houme and give his father half the assets, the rest his mother. The house my parents had is located in NY. The sipulation was filed in NY court. But my brother lives in CT. If my brother does not comply with the court order, what are his legal consequences? Can we take action against him in CT? Can we get him to pay and add damages or court fees? And could not paying on this contract constitute a criminal act? can we use the DA?
2 Answers from Attorneys
Re: Stipulation enforcement in NYor CT?
Q. If my brother does not comply with the court order, what are his legal consequences?
A. Was the stipulation "so ordered?" If yes, he would be in contempt of Court. With a contempt motion, you can ask that the Sheriff or a receiver sign the deed on his behalf thereby completing the requirements under the stipulation.
Q. Can we take action against him in CT?
A. Yes. Since he signed the stipulation in a New York action he is under the jurisdiction of the NY courts.
Q. Can we get him to pay and add damages or court fees?
A. You certainly will be able to get a judgment for costs. However, costs are statutory. Attorney fees are a possibility under a contempt motion. You certainly would be able to collect attorney fees if called for in the stipulation.
Q. And could not paying on this contract constitute a criminal act? can we use the DA?
A. Probably not.
Mike.
Re: Stipulation enforcement in NYor CT?
Yes actin can be taken against him in CT. He woudl certainly be liable for costs and depending on the wording of the Stipulation and whether it was so ordered or not he may very well be liable for attorneys fees as well. However, he has not committed a crime, per se and would not be prosecuted by the DA. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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