[WSBARP] Collection on Old Decree of Dissolution

[Clark, Catherine]

Payments were apparently made to former spouse who did not share them per
the decree.

 

Thank you all for the comments.  I still think, though, that the PC is out
of luck.

 

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
701 Fifth Avenue, Suite 4105
Seattle, WA  98104
Phone:  (206) 838-2528
Fax: (206) 374-3003
Email:   <javascript:_e(%7b%7d,%20'cvml',%20'cat at loccc.com');>
cat at loccc.com

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Tom J. Westbrook
Sent: Sunday, August 17, 2014 1:53 PM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Collection on Old Decree of Dissolution

 

I’m still trying to understand how the fulfillment deed was executed and
delivered if payment was not made – something seems fishy. And why is the
PC bringing it up now after so many years?

 

Regards,

 

             Tom

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Saturday, August 16, 2014 6:31 PM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Collection on Old Decree of Dissolution

 

I think you are correct on SoL--a Decree is a judgment and typically
enforceable only for 10 years after entry. To the extent it orders
post-Decree performance, one can argue that the 10-year limit does not
begin until breach of performance--but it sounds like PC is still at least
16 years too late for that, even.

 

As a last resort I'd inquire for any facts that support a reaffirmation of
the debt, a new promise, any indication from the ex spouse acknowledging
the debt owed to PC, within a closer time frame. I'm not sure how (or if)
the reaffirmation rule applies to a debt under a judgment, but it might be
worth exploring.

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

 

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Clark, Catherine
Sent: Friday, August 15, 2014 12:34 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Collection on Old Decree of Dissolution

 

All:

 

I have been contacted by a PC who presents a Decree of Dissolution from
1982 which states that the parties are to share the monthly payments on a
real estate contract (they are the vendors) until the obligation is paid.
Said payments were not made to PC.  A fulfillment deed was recorded in
1988.

 

My initial thought is that the SoL has passed on all of this.  Is there
anything to be done for this PC?

 

Catherine C. Clark

Law Office of Catherine C. Clark PLLC

701 Fifth Avenue, Suite 4105

Seattle, WA  98104

Phone:  (206) 838-2528

Fax: (206) 374-3003

Email:  cat at loccc.com

 

NOTICE: The information contained in this electronic information
transmission is confidential. If you are not the intended recipient, or
the employee or agent responsible for delivering it to the intended
recipient, you are hereby notified that any use, dissemination,
distribution or copying of this communication is prohibited.  If you
received this communication in error, please immediately notify the sender
by telephone at (206) 838-2528. Thank you.

 

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author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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As with all lists - let the reader beware! No warranties or
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author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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