Have Legal Questions? Ask a Lawyer Now.
The Rules of Civil Procedure dictate how pleadings in a case are served. In Virginia, you can find them at the following link:
http://leg1.state.va.us/cgi-DANGEROUS URL REMOVED?000+cod+TOC0800100
Under the Rules of Civil Procedure, Rule 8.01 - 296, personal service is required. Accordingly, you should check the court file to determine what the Affidavit of Service states, assuming one has been filed, and how it indicates you were served.
If improper service is made and the matter proceeds by default, you may file a Motion to reopen the case based on the fraud related to the service.
Again, you must seek to reopen the matter if it was resolved by default. Proving that something was knowingly done would be extremely difficult. However, the court could impose a sanction such as requiring that party or attorney to pay your legal fees.
I am afraid that the attorney is correct. A divorce court can only decide issues between you and your spouse. That court order does not impact the remedies for other creditors.
As a result, you could be held liable by the creditor for debts that were owed on homeowners does and taxes if there was no filing in the office that records dees to indicate that responsibility had been transferred to a new party.
Your remedy would be against your ex spouse. You may sue yoru ex spouse as part of the present action by bringing him/he rin as a third party. This may require the assistance of counsel. You may also seek to have them found in contempt in familyt court in many states and seek reimbursement for any money paid.
Educator, Esq: Follow up question: Is the following
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).