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bishop_74
03-20-2001, 04:07 PM
Speaking of jobs, does anyone have any legal advice to throw around. My fiance, whom I wish to marry in the near future, has accrued debt from her last marriage due to her ex-husband claiming incorrectly on his tax returns AND by defaulting on a loan that she HAD to co-sign for him. Unfortunatley, I am shelling out close to $7000 of my bucks, and we have absolutely NOTHING to show for it including the previously mentioned truck loan (which by the way he defaulted on AFTER the divorce, and various electronics which were suppossed to be awarded to her). The IRS can not find him so she is stuck paying for that as well, and he is currently running an under the table business and pays absolutely NO taxes.Can I sue for this?, or is there anything that I can do to get any of my cash back. This sucks.

Phobia
03-20-2001, 04:12 PM
Dude, tell my ex-wife that she can pay all my bills. If some lawyers come sniffing around my place, I'll move to Laos and they'll never find me.

bishop_74
03-20-2001, 04:18 PM
Hope I didn't add to your misery. Just think happy thoughts... girls in bikini's, beer tap next to recliner in front of projection TV, etc.

ct
03-20-2001, 04:22 PM
bishop,

Don't know anyone personally faced with this situation, but I do know it's more common then you would think. From what I understand, doesn't matter when her X defaulted. If her name is on the debt, and they can find her but not him, then she's gonna get the shaft. As you've made a commitment to her, unfortunately you will too.

I would think you definitely could sue her X directly, but think carefully what your chances are of recouping anything out of this venture. All he needs do is dissappear again, which may put him in violation of a court order, but otherwise you're stuck with legal bills, and no legal resolution.

I feel for ya, hope you can stick the SOB for what's comin to him.


ct

Phobia
03-20-2001, 04:25 PM
I'm just kidding, man.

I'm thinking all happy thoughts. The migration project these jokers are on has potential to cost them ALL their jobs. Without me there to help (I was the most experienced out of 12 engineers), they are that much more likely to screw it up....

In all seriousness, I think the only advice you'll get from an attorney on here is to consult a local attorney. There is some protection for wives of tax evading husbands but she needs to go on the record ASAP. There may also be some relief available for the truck loan if she doesn't have the vehicle. Any way you slice it, be prepared for some damaged credit. As long as your credit is fine, you'll be able to survive.

Baby Lee
03-20-2001, 04:25 PM
I hate to tell you this, but for a variety of ethical reasons [including lack of confidentiality, possibility of practicing without license (depending on where you live), possibility of a court finding an undertaking to represent your interests and a resulting fiduciary duty to follow through to the end, etc.] I'm fairly certain that you won't garner any meaningful advice from a licensed attorney in this manner.

Baby Lee
03-20-2001, 04:27 PM
I think the only advice you'll get from an attorney on here is to consult a local attorney.

Yeah, what KPhobia said.

bishop_74
03-20-2001, 04:28 PM
Thats kind of what I was afraid of. So much for justice in America, huh? Guess you gotta have a lot of money first.

Good lord Johnny, where did that come from?

[Edited by bishop_74 on 03-20-2001 at 04:31 PM]

Phobia
03-20-2001, 04:31 PM
You don't need any money for an initial consult. And if you have a case to sue the guy, they may do it for a percentage of what is awarded. Either way, contact the IRS to explain. Also, contact the lender on the auto to find out what her options are. If she can assist them in the repo, they may even offer to not bust her credit to pieces.

bishop_74
03-20-2001, 04:36 PM
Well, unfortunately, we called the IRS and she is responsible until he is found and actually pays the money. The same with the creditors. Nobody seems to want to work with us, it was just kind of laid in her lap because she was the responsible law abiding citizen that she is. I am just trying to find the guy so I can shoot him or something.

ct
03-20-2001, 04:37 PM
Just to throw out a different tact, how do you feel about extortion?

You may think I'm joking, but I'm not.


IF you know where he is running this 'under the table' operation, and IF it is profitable, offer him a deal. He pays up, to his X and yourself, CASH $$ to wipe off his debt involving her name. In exchange, you offer to not BURY HIS A$$!!!!!

ct
just a thought

bishop_74
03-20-2001, 04:40 PM
I've actually thought about pursuing that avenue... hmmm.

58Forever
03-20-2001, 04:41 PM
Bishop,

I can't help you with the loan, but with the IRS they have what is called "injured" spouse rule...It's possible that if your fiancee can prove she had nothing to do with the taxes being screwed up...she file an injured spouse claim and possibly get out of having to pay the tax...call 1-800-829-8815 for more info...I use to work for the IRS and this happened quite alot...it's worth a shot...but she would have to prove that the goof was all her ex-husband's fault...if she can prove that, she can get out, or you can get out of paying the tax....

Baby Lee
03-20-2001, 04:41 PM
Bishop - not trying to be snarky, but this is a very touchy issue for Attorneys. When one renders legal advice, there is a litany of filing deadline checks, conflict of interest checks, etc., that the attorney goes through. Then, when the advice is given, the attorney is saying, "I pledge my training and knowledge to the preservation of your legal interests." And even if that conversation isn't explicit, the courts will assume it if any advice is rendered. And if, through inaction, your legal interests are NOT preserved, it is now the attorney's fault. He had a duty that he failed to dispatch.

bishop_74
03-20-2001, 04:43 PM
Thanks, I'll give that a whirl. Definately worth a shot.

ct
03-20-2001, 04:47 PM
I've got a better idea. Introduce him to Ken PackFan!

He'll be beggin to give you the money, JUST GET THIS FREAK OFF MY CASE, Pu-LEASE???!!!???


ct
just another suggestion

58Forever
03-20-2001, 04:47 PM
I didn't read close enough...you already paid the taxes?...usually the injured spouse clause comes in handy before the taxes are paid...once you pay them obviously the IRS doesn't give a damn...but it's still possible to file a claim to at least try and recover some of the tax money...still, call the number I gave you and they may be able to tell you what you can do...if they say nothing, then that's when I'd seek an attorney...

As far as her ex goes...do you know his SSN?...you can report him to the IRS and anything they collect you get like 10% or some crap...if the guy screwed you that bad, I wouldn't hesitate to narc him out....

bishop_74
03-20-2001, 04:49 PM
Johnny, I didn't mean to sound unappreciative. I just meant to imply that you obviously were very knowledgable about the subject. I'll take all the information I can get my hands on... good or bad news. It never hurts to be well informed.

bishop_74
03-20-2001, 04:52 PM
Oh yeah, we got his SSN. I will definately call the IRS.