Legal Question in Civil Litigation in Missouri
My husband went to a concret company and ordered a shelter to be built and paid the $2000 down payment and put the shelter in my name. (It was a jt checking account) We are going through a divorce. The concret company said that I brought the downpayment in the court paperwork and that I ordered the shelter. I have the receipt where my husband ordered and paid for the shelter even though he wrote my name at the top to bill to me he signed the receipt I also have the return ck where he paid for the downpayment- he signed the ck. I did not sign any contract even though they kept sending one to me requesting that I sign it. My husband didn't sign a contract either. My checking account was garnished and I am now 2030.00 overdrawn. Can I file a countersuit myself, evidently I don't have the money to pay a lawyer. My husband has done this with car insurance & turned onstar on in my name for a car that I sold. Can I sue him for identy theft even though we are still married, he won't sign the divorce papers either. I am raising 4 children by myself and and I can't get any type of help because of the things that he is doing I had to move in with my mother so that I could feed my kids.
2 Answers from Attorneys
You need to contact teh attorney handling your divorce. The issues you described are almost all ones that shoudl be addressed in yrou division of property and debt. If you have an order that says he is to pay for X debt, and the creditor collects for that debt from you, then you may be able to flil suit to get reimbursed from your soon to be ex. If you do nto have an atotrney handling your divorce, then get one soon. They can explain how the costs of their services might get assigned to your husband. Many attorneys offer a free or low cost initial consultation. Find one in your area that you trust.
As to teh garnishment, they could not do that if they did not have a judgment against you. They coudl nto have gotten ajudgment against you unless they had you served with a Summons and Petition. Did you get served and not show up for court?
Good luck
You need to contact teh attorney handling your divorce. The issues you described are almost all ones that shoudl be addressed in yrou division of property and debt. If you have an order that says he is to pay for X debt, and the creditor collects for that debt from you, then you may be able to flil suit to get reimbursed from your soon to be ex. If you do nto have an atotrney handling your divorce, then get one soon. They can explain how the costs of their services might get assigned to your husband. Many attorneys offer a free or low cost initial consultation. Find one in your area that you trust.
As to the garnishment, they could not do that if they did not have a judgment against you. They coudl nto have gotten ajudgment against you unless they had you served with a Summons and Petition. Did you get served and not show up for court?
Good luck
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