#DivorceSettlement #LegalQuestions #DivorceSettlementLawsuit
📜 Person claiming they didn’t receive divorce settlement 20 years ago: Can they still sue?
If you or your loved one is facing a similar situation where a former spouse is claiming they didn’t receive their divorce settlement years after the fact, you may have a lot of questions and concerns. In this in-depth article, we will answer all your burning questions and provide you with the information you need to navigate this complex legal issue.
## Can they still sue after 20 years?
It’s not uncommon for former spouses to come back years after a divorce and claim that they didn’t receive their fair share of the settlement. The question is, can they still sue after so many years have passed? The answer to this lies in the statute of limitations, which varies by state. In Virginia, for example, the statute of limitations for enforcing a divorce settlement is 20 years. This means that your former spouse may still have the legal right to pursue their claim.
## Finding the Proof
Your dad mentioned that he believes he may still have the paperwork, such as checks, from the divorce settlement. If he can locate this evidence, it can be crucial in defending against the claim. However, if he is unable to find the proof, it can make the situation more challenging. It’s important to gather all the documentation and evidence related to the divorce settlement as soon as possible.
## Should he get a lawyer?
Given the significant sum of money that your mom is demanding, it’s essential for your dad to seek legal representation. A skilled divorce attorney can help him navigate the complexities of this situation, protect his rights, and advocate on his behalf. They can also guide him through the process of gathering evidence and building a strong defense against the claim.
## How to Proceed
If your dad has received a letter from your mom’s attorney demanding payment by a certain date, it’s crucial for him to take immediate action. Here are the steps he should consider taking:
1. Maintain Communication: Your dad should respond to the letter in a respectful and professional manner, stating that he is seeking legal counsel and will be in touch shortly.
2. Consult with a Divorce Attorney: Your dad should schedule a consultation with a reputable divorce attorney who has experience in handling complex settlement disputes.
3. Gather Evidence: He should begin gathering all the documentation and evidence related to the divorce settlement, including any records of payments made to your mom.
4. Explore Options: A skilled attorney can help your dad explore potential options for resolving the dispute, whether through negotiation, mediation, or litigation if necessary.
## In Summary
In conclusion, the issue of a former spouse claiming they didn’t receive their divorce settlement after many years can be a complex and challenging legal matter. It’s crucial to understand the statute of limitations in your specific state, gather all relevant evidence, and seek legal representation to protect your rights. If your dad is facing this situation, it’s imperative for him to act promptly and engage the services of a knowledgeable divorce attorney to guide him through this process. By taking these proactive steps, he can work towards a resolution that safeguards his interests and addresses the claim effectively.
Sounds like she’s churned through the money and is now retirement age and had zero retirement plan. She’s now grasping at straws to try to get some money.
It’d be worth his time to engage a lawyer to send a letter back to her lawyer to shut them down, that way they don’t keep harassing him!
During a divorce, you are supposed to provide proof to your attorney and their attorney and the courts that the debts are paid off, who then files a record satisfaction of judgement with the courts.
If it was not done, it’s considered unpaid.
If he sells a house, dies, the proceeds could be used to satisfy the judgement even if paid, if it was never recorded. Any many never do.
It’s not in his ex wife’s best interest to make sure it was recorded for obvious reasons as you are seeing here.
He better find proof fast. Is his divorce attorney or company still around? That person should’ve handled it.
He should consult with them or an attorney to get it taken care of are of.
Something tells me either he never provided proof he paid. Or the attorney or courts never recorded it or something.
He may have proof of satisfaction, and this is just trying to shake him out of double.
But he needs to find proof he paid.
Your father may find it prudent to look up the information for the law firm that supposedly sent this letter and give them a call and ask if they actually did send this letter. Do not trust the info on the letterhead for this.
If the law firm confirms that the letter is real, then he should end the call. (Politely. “Thank you for your help. That’s all I needed. Have a nice day.” is fine) Absolutely do not discuss this further with that lawyer. Then retain counsel as soon as practical.
If the law firm says they did not send the letter, then that’s a different problem.
NAL, but I know entirely too much about manipulative people.
If she has not renewed the order the statue of limitations in Virginia has expired. She only had 20 years from the date of the order to enforce it or get it extended. Your dad needs to get a lawyer and they will be able to deal with this pretty easily.
Edit – the relevant statue
No execution shall be issued and no action brought on a judgment dated, extended, or renewed, prior to July 1, 2021, including a judgment in favor of the Commonwealth and a judgment rendered in another state or country, after 20 years from the date of such judgment or domestication of such judgment or 20 years from the date of such extension or renewal of such judgment, whichever is later, unless the period is extended as