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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33799
Experience:  16 yrs. of experience including family law.
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My ex wife wife and I lost our condo in market downturn then

Customer Question

My ex wife wife and I lost our condo in market downturn then got divorced which I then filed BR, Now the condo assoc. is suing her for fees. She received a letter stating they would attach wages or she could pay approx. $290.00 per month which she sent in a payment. Next then they sent a garnishment to her work. Does not seem fair what can be done if anything?
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.Can you tell me, was there a court case? Did the association go to court and obtain a judgment?
Customer: replied 1 year ago.
yes they did
Expert:  P. Simmons replied 1 year ago.
That is a problem...that is, if they have a judgment? They can enforce the judgment with wage garnishment.
Now...if she has a written agreement, signed by the condo association, that they will agree to accept her payment (and therefore not garnish her wages)? She could force them to honor the agreement.
But the verbal promise you discuss is not enforceable...such an agreement must be in writing, signed by the condo association.
So unless she has such a written agreement? They can garnish her wages
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that the verbal agreement was binding, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.