California Court System..

[USCFAN]

Had to have some work done to the computers at the office yesterday so I call out the company the handles our system. When the guy who normally comes arrives I barely notice him because he has lost about 60 pounds. After congratulating him on his new look, I ask him whats his secret? He tells me he is going through a divorce.:eek:
He then starts to give me some details about the divorce. First one being that they were only married for seven months. He caught her cheating on him and told her to hit the highway. When she left the car she took was financed in his name. He let her take it because he says he had no use for two cars and she promised to make the payment.:confused: That was his first mistake, letting someone you are about to go through a bitter divorce with take a car she has no legal financial responsibility for was not the smartest move. Well needless to say once she is gone with her new boyfriend she doesn't make one payment. So know she is driving around the car that is in his name mind you with no insurance (which she also promised to do). So after three months of no payments from her, he decides to have the car picked up by a tow truck driver. Which really pisses her and her new boyfriend off because now they have no transportation.
So here is where it gets interesting. She files an emergency hearing called and ex-party motion, to inform the court that the car she has not made payments on for three months was taken from her. So they go to court for an emergency hearing, which he thought was interesting because he didn't think that situation would qualify as an emergency. So anyway, after going in front of the judge and explaining the situation the judge tells him to return the car to her. He then ask the judge what about the payments and is told "give her more time".:confused: As if three months isn't enough. So he then asked about the insurance which she states she can't get because she is not the registered owner. And the judge tells him to "put her on his" that this is the easiest way. So know not only is he goint to be paying the car payment he also will be paying for her insurance.:mad:
And his lawyer has told him that the judge is probably going to award her spousal support also. After seven months?:confused: I though that you had to be married at least a year before you got bent over. Talk about getting screwed. This guy is really up shit creek with no paddle. And he says that the car has four years worth of payments left. And if he wants to keep his credit good he is going to make the payments if she doesn't.
There was alot more that they have had happen but I thought this was the strangest..

[Jbb]

And people wonder why ex wives turn up missing.........:D

[USCFAN]

And people wonder why ex wives turn up missing.........:D
Or go after judges.....:D

[Wizard29]

Two sides to every story, but that sounds pretty screwed up...

[RitcheyRch]

Although the other party can be there.
The motion you're referring to is an ex parte motion. It's when one side meets with the judge without the other side present.

[socalmoney]

Two sides to every story, but that sounds pretty screwed up...
You mean 3 side to every story, especially in divorce. His side, her side and the truth.

[USCFAN]

The motion you're referring to is an ex parte motion. It's when one side meets with the judge without the other side present.
My understanding to an ex-parte motion is something that needs to be heard before the next court date. He was present at the motion so I don't know about the one side thing.

[ratso]

The way I look at it, a diet that would have worked that well would have cost him a lot more in the long run...:D

[USCFAN]

Two sides to every story, but that sounds pretty screwed up...
I completely agree with you, but how many sides can it be to she is not paying for the car that is in his name? And he is stuck paying the bill. I know whe have a very liberal court system expecially in California but jeezzzz.

[thatguy]

I have been lucky. My Ex's hate me so much by the time we divorce ALL they want is distance.
My advice to young men who get married? "Spend ALL your money and collect NO assetts." ;)
Tommy

[USCFAN]

The pure definition of ex parte is "by one side", so I'm pretty sure I'm right.
I don't think so.. I believe it his brought to the court by one side. But it is not restricted to just that party and the judge. I will make a call to a friend who is a lawyer to find out.

[HokeySon]

Although the other party can be there.
your both right. Ex parte literally means without notice, but current rules provide that you have to give some notice -- though it is very short -- and the other side gets to be there and be heard if they want.
When I read stuff like this I always have the same two thoughts: 1) divorce court is not really a court at all, it is a kangaroo court where the rules do not really apply and the judge (who isn't usually a real sworn judge by the way) just tries to do what he/she thinks is right; and 2) if you are to the point where you have to have someone else make decisions about your life, you are not going to be happy with the outcome most of the time.
Oh and a third thing -- there are a lot of half assed lawyers out there who cannot think their way out of a paper bag and don't really care about their client as long as his bill is paid current.

[RitcheyRch]

Very true. Only reason know is because did that to my ex-wife a few years back.
You actually have to notify the other party and try to make the motion at a time that the other party can be there too, but they don't have to be there and usually aren't.

[gas Hogg]

Damn there's a lot of guys getting f-cked on a daily basis and the courts are not there to help that for sure.
Divorce always help's out with weight issues.

[USCFAN]

I took the hit on my credit as a volentary (sp) repo and moved on. It was way easier. I did end up paying the difference between what they sold it at auction for and what was owed. But I was fine with that, as long as the biatch didn't have it.
I suggested it to him but he doesn't want to screw up his credit.

[Jbb]

Where is that picture...?...:D

[ratso]

Ya know I love ya Bob...but you are wrong. An Ex Parte is an emergency hearing that BOTH parties have to be present for. I prepare these all the time. If the responsive party cannot attend they have to either A. Ask the opposing party if they can move that date B. Reply with a responsive declaration to the judge and OPC why they cannot attend and to continue the Ex Parte. Both sides attend.
Blonde:jawdrop: AND Smart...:D

[uvindex]

Ya know I love ya Bob...but you are wrong. An Ex Parte is an emergency hearing that BOTH parties have to be present for. I prepare these all the time. If the responsive party cannot attend they have to either A. Ask the opposing party if they can move that date B. Reply with a responsive declaration to the judge and OPC why they cannot attend and to continue the Ex Parte. Both sides attend.I don't have any dogs in this hunt (or whatever the expression is :)) but the free legal dictionary sides with Bob:
"ex parte (ex par-tay, but popularly, ex party) adj. Latin meaning "for one party," referring to motions, hearings or orders granted on the request of and for the benefit of one party only. This is an exception to the basic rule of court procedure that both parties must be present at any argument before a judge, and to the otherwise strict rule that an attorney may not notify a judge without previously notifying the opposition. Ex parte matters are usually temporary orders (like a restraining order or temporary custody) pending a formal hearing, or an emergency request for a continuance. Most jurisdictions require at least a diligent attempt to contact the other party's lawyer of the time and place of any ex parte hearing."

[barbigrl]

I have been lucky. My Ex's hate me so much by the time we divorce ALL they want is distance.
My advice to young men who get married? "Spend ALL your money and collect NO assetts." ;)
Tommy
Its called a prenuptial agreement

[USCFAN]

Ratso you have any suggestions for him?:D :D

[ratso]

Its called a prenuptial agreement
They should make THAT law...

[Jbb]

Somebody deleted their post. I must not be as wrong as I was before. ;)
:D :D :D :D
Where IS that picture...:D

[barbigrl]

In my expeirence.....YOU ALWAYS ATTEND AN EX-Parte. I have always worked for lawyer and we always go. We actually just got served with one yesterday....he served us late so he had to cont it. :D
you have to give verbal notice over the phone by 10:00 am the day before your hearing. Which are always heard at 1:30. :) Then you have to file a declaration along with your motion expressing who you gave notice too. Not that you guys needed to know ANY of this... :D
This situation could be called on an ex-parte basis becuase it is her mode of transportation. She can't wait 2 months for a hearing.
FYI I am not blonde:rolleyes: :mad: ;)

[HokeySon]

I'm not a lawyer, and I know you are, but ex parte in Latin does not mean without notice. It means by or for one parte.
I don't know latin. "literally" was a bad choice of words. I didn't mean that is what it meant in latin. Just that an ex parte application (they are not really "motions") is a request that one side gets to make to a judge without giving the statutorily required period of notice for a formal motion.
An they are supposed to be for emergencies. There is a very famous decision that equates and ex parte application with yellng fire in a movie house and concludes that if you bring an ex parte there better be a real fire. And yet, ex partes are the norm in some courts, particularly family court.

[ratso]

Somebody deleted their post. I must not be as wrong as I was before. ;)
I'm quick on the draw today lol...:D

[USCFAN]

This situation could be called on an ex-parte basis becuase it is her mode of transportation. She can't wait 2 months for a hearing.
Then she should mix a payment in every month or so.

[ratso]

In my expeirence.....YOU ALWAYS ATTEND AN EX-Parte. I have always worked for lawyer and we always go. We actually just got served with one yesterday....he served us late so he had to cont it. :D
you have to give verbal notice over the phone by 10:00 am the day before your hearing. Which are always heard at 1:30. :) Then you have to file a declaration along with your motion expressing who you gave notice too. Not that you guys needed to know ANY of this... :D
This situation could be called on an ex-parte basis becuase it is her mode of transportation. She can't wait 2 months for a hearing.
FYI I am not blonde:rolleyes: :mad: ;)
http://www.***boat.com/ubb/graemlins/idea_2.gif

[Insurance God]

I insure cars all the time that are not registered to the person I am insuring. For example: Mom & Dad finance the vehicle because Jr. doesn't have enough credit. Car is registered to mom & dad but the child is the operator. All you do is list the parents on the policy (and you can even exclude them). As long as you have a vested interest, you can get insurance. Also, this is very bad advice on the judges part - IMO
If you didn't make the car payments for three months wouldn't it get reposed? Since you are the lender (in a sense), you repoed it... Your lawyer sucks. I may be talking out of my rear about the repo part but I do insure people in similar situations all the time.

[thatguy]

Its just a hearing that is scheduled with only 48 hours notice to the other party. If you get a notice you better get your ass to court cause the person that filed it is probably trying to sneak something through.
USCFAN, I had the same thing happen to me. I signed on a lease for my ex while we were married. She left and took the car. The judge said it was her responsibility but in reality its community debt. My ex didn't pay and I was getting the calls. I finally found out where it was at and called the finance co and told them to go get it, I wasn't making payments on a car for her and her boyfriend to drive around.
I took the hit on my credit as a volentary (sp) repo and moved on. It was way easier. I did end up paying the difference between what they sold it at auction for and what was owed. But I was fine with that, as long as the biatch didn't have it.
Forensic
Bingo! Thats how you handle that. The bank or FC OWNS the car, not he or she. I am no lawyer, but I think that it would be near impossible for her to get it back once the lender has possesion. Banks have whole fleets of lawyers just for this.
A friend of mine in Alaska was in the throws of a very nasty divorce. He came home and his 2 snowmachines and trailer were gone. She and her crack dealer boyfriend had took them. Joint financed through the dealer, not the bank. He called her and she said "They are mine now, you just keep paying for them!" I told him "lets go get them, I want to meet this guy!;)" My buddy was scared because he thought it was "against the law!"
Well, we went there at night, hooked a chain on the garage door, and ripped it out. Then hooked on and left. They were peeking out, but were to scared to confront us. Took them to the snowmachine store and chained the trailer to the gate. Next day the cops came over. I told them the exact truth, that a crack dealer and his ***** had taken them and we got them back. They laughed and said next time try not to rip the door off, since it was unlocked anyway. Told them it was a message.
I digress. The store got back the sleds, after talking with my buddy they logged it as a return. He paid a service charge of about $1500.00 and kept his credit. She tried to get them back, but she did not qualify for the credit without him. There was no way that store was giving up those assetts to her.
I am older now and would never be so malicious, I would hire somebody to do it!
Tommy

[USCFAN]

Insurance God,
How can you exclude someone from the insurance that is financially responsible? Doesn't the bank require insurance for the party responsible for the payment?

[ratso]

Ratso you have any suggestions for him?:D :D
Keep us posted... I'm sure we'll all have plenty of suggestions.;)

[thatguy]

I didn't know igloos had garages.
Try to keep up.

[HokeySon]

I didn't know igloos had garages.
and why do they need snow machines, when they have all that natural stuff.:idea:

[thatguy]

Its called a prenuptial agreement
Pre-nups cover what you bring to the marriage, generaly. I'm talking about when you are young and don't have much when you get married. Keep it that way for a while, since you will lose it all in the divorce anyway.
I have been called cynical, it's true, but I think it is more being a realist.:)
Tommy

[thatguy]

and why do they need snow machines, when they have all that natural stuff.:idea:
Snow Machine and Snowmachine (snowmobile) are two different things. Don't make me spoonfeed ya'! :D :D :D
Tommy

[EmpirE231]

the bank cares about the car.... not who's driving it. as long as it's insured to their requirements... that's all that matters. I do policies like this all the time.
she can go get insurance on the car, and list him as an excluded driver. her insurance policy, her bill!!:devil:

[Baja Big Dog]

Sounds like another piece of crap that we need to set up with that guy with a 12 dork, and just a dash of AIDS...:D
Scum biotch:mad:

[Ziggy]

Can't tell you how many times WOMEN have asked us to change title documents on cars purchased under the ex spouses names.....no can do ma'am, you ain't even on the credit app... :D:D:D Then they get pissed at me as if I was their husband.......get a life lady, btw, should I let the bank or registered owner know what address to find their car at? :D:D:D :D
Strong hot wind as they rush off the premises LOL

[ssmike]

I can't believe that ex parte relief made 3 pages on ***boat!
Thanks for an entertaining read. It made me smile after a long hard day.:D :D
I won't nitpick the small stuff that was a bit inaccurate. You all non-lawyers have the gist of it for sure. Good job everybody!

[C-2]

The real fun starts when, after giving them notice, you try to serve them with the court nastygrams, usually on a shortened deadline of like a few days.
-----------------
True story:
I was once trying to serve such an Order on the Cali State Assembly leader at the time, back when one of the republicans jumped ship or vice versa, and it changed the leadership of the state house. A few immediate lawsuits followed, trying to overturn something, I forget the specifics. It involved Curt Dorito, the mayor of Disneyland.
I was casually listening to my scanner, and somehow overheard a conversation between the assembly leader, and his attorney:
Assembly Leader: There’s this motha fawker process server sittin’ outside my house right now, trying to serve me. I can’t fawking go anywhere! What do I do?
Attorney: The dumbass process server will leave eventually. I can’t advise you about what to do over the course of the next few days, but I hear Catalina is a great weekend getaway.
Assembly Leader: Gotcha.
Blew his mind when yours truly was waiting for him at the Catalina terminal the following morning. YOU’RE SERVED!:sqeyes: :D :sqeyes: :D