Legal Question in Civil Litigation in Virginia
Court ordered sale
During a civil trial between myself and my-fiancee, the judge ordered that a Kubota tractor (purchased in 2005 for $15,000) and a car trailer (purchased in 2006 for $3,000) be sold and the sale proceeds split between myself and my ex. My ex was in charge of selling these items. He sold them to his mother for $5.00 each. I remember the judge saying something about market value but the final order doesn't have that verbage. Is there anything I can do to void this sale and have the items sold again for more reasonable amounts?
3 Answers from Attorneys
Re: Court ordered sale
The matter should likely be brought back before the court on contempt or other appropriate charges alleging the defendant's failure to follow or circumvent the lawful order of the court with a request to award appropriate damages to the plaintiff.
Re: Court ordered sale
You should have an attorney look at this as soon as possible. Good luck.
Re: Court ordered sale
Yes. Tell your fiancee that if he doesnt pay you fair market value that you will go back to the Judge who ordered the sale--regardless of whether the order says so or not, implicit is that the sale will be reasonable--this was clearly a fraudulent transaction to which the Judge will likely react harshly.
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