Legal Question in Credit and Debt Law in Washington
Assignment of funds
I am told that Assignment of Funds are on a ''first come first served'' basis. I am owed a large amount of money from a divorce settlement. However, 3 weeks after the divorce, the Exxon Valdez oil spill occured and the fishing industry has never recovered. Also the worth of all fishing assets has been drastically reduced. Also my ex had a stoke and heart attack and was no longer able to work. Unbeknownst to me he sold off most of the property that held my value in the divorce settlement; with the only thing remaining that might pay me off is the class action suit against Exxon that is now in its 18th year of litigation. Also unbeknowst to me, my ex was giving assignment of funds for this settlement to other people he owed money to. He did not offer this to me until by chance I found out this had been happening. As such, even though I am the one he owed first and owes the most, I am about 6th on the list for the assignment of funds. Is there anyway that I can become first on this list due to the fact that I was owed first? Do I have any recourse? I cannot get the money from my ex because there is nothing of value left anymore after 18 years and he is on disability. the only value will be if/when the Exxon oil spill settle
1 Answer from Attorneys
Re: Assignment of funds
You need a lawyer right now. His assignments of funds to persons is deeply troublesome to the court.
If the debt he owed you was in the nature of support (maintenance, child support) and NOT a property settlement, he can face contempt for this. The sooner you deal with it the better.
Yes, you have recourse, and yes, you may well be able to 'jump the line'.
Please call your county Bar for a referral to a family law attorney. This is a decree enforcement/contempt problem, and a lawyer who practices family law will understand how to help you best.
Elizabeth Powell