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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88194
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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can a family court in nj litagate a fraud case against the

Resolved Question:

can a family court in nj litagate a fraud case against the husband? is it the proper court to do a fraud case? thanks linda
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

This depends. Would you be so kind as to provide me with a little more information in regards XXXXX XXXXX matter? Namely:

1) Who was the fraud against? What happened?
2) Is the divorce still ongoing, or, has been finalized?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


the case is over 5 years ago, it was a matter of fraud against my husband in a family court. we had divorced years before i went back to court and sued him for fraud that he had lied to me about the marriage assetts, regarding some stock he was holding as the ceo of a private company.... the case went on for 10 years and i settled 10 years ago...it occurred to me only recently that maybe the case could be null and void if the family court judge shouldnt have been handling a fraud case in his court. to tell you the truth he was a corupt judge that kept my case in his court for 10 years. im thinking he shouldnt have been handling my case in his family court . my main question is could i not be bound by the case, even tho i settled the case. as it was in a wrong court? of course its complicated to explain but that is the best summary of my question. in other words im thinking if my issue was in the wrong court, then i could re-litagate it in a proper court. my point is can a fraud be litagated in the family court. thanks linda

Customer: replied 1 year ago.

it was finalized becuase i settled the issue. but was pressued to do so after the case being in the court for 10 years... but was i in the right court to begin with as it was a fraud case against my ex in the family court. i would love a re-do based on that i was in the wrong court to settle this matter.

Expert:  Ely replied 1 year ago.
Linda,

Thank you. I need to know more, I am afraid.

Please describe the fraud - who did what? Also, when did you find out about the fraud - only after the divorce? Thank you for your patience.
Customer: replied 1 year ago.


i was divorced in dec 90...he was ceo of formica, he held stock in the company which we was agreed in the divorce settlemnt that when he sold his personal stock, hed give me 1/3 of the proceeds. he was ceo and only had the knowledge of what the stock was worth. he lied to me in 1996 and gave me 750,000 for my 1/3 in sept 1996. only problemn was i found out later, 2 yrs later that he had sold the stock for upwards of 19 million. so i went back to family court to litage the fraud. the case i belive was handled by a good ol boy judge and he kept me in the court for 10 yrs litagaitng this fraud in his family court. i finlaly had to cry uncle after 10 years of BS in his court, so i settled for 1.2 million. and signed to never come back. that was in 2008 or 2009, i have to look up the date when i gave in to all the BS.... well my problem is this


im literally dwindling down on money now while he still has multimillions that he cheated from me as the ceo of formica. when i took it back to court we were divorced and he was still ceo of formica. my whle point was it was a fraud case against a ceo and i was a legal stock holder and he lied to me on the value....so why did i settle in a family court, why did everyone involved let me settle this fraud case (ceo and stock holder me settle the matter in a family court?)


shouldnt i have been in a federal court of a fraud case, as he lives in nj and i live in florida. do you think i have a chance for a re-do based on the wrong court settled the matter 5 or 6 yrs ago. linda

Customer: replied 1 year ago.


WHEN I SETTED I SIGNED TO NOT COME BACK FOR MONEY, BUT MY POINT IS IF I WAS IN THE WRONG COURT TO BEGIN WITH, AND SHOULD HAVE BEEN IN A FEDERAL FRAUD COURT, THEN WOULD I BE BOUND BY THAT AGREEMENT?

Expert:  Ely replied 1 year ago.
Thank you for your clarification, Linda, and I am sorry for what has happened in this matter.

You ask why this was not in federal court, and this is because of two reasons.

1) The reason why the matter went back to family court is because anything that has to do with the divorce (such as post-judgment enforcement, fraud, etc) automatically goes back to the family court.

2) Federal court only has jurisdiction for limited things - see here. Most often, they include a breach of federal law, litigants from separate states, and/or a constitutional issue.

Ergo, the (state's) family court has proper jurisdiction over the matter, and its decision is binding here. I am very sorry.

Surely, you prefer that I tell the truth rather than what you wish to hear. Because it reflects very poorly on me unless you press one of the top three faces, keep this in mind when rating my and please do not punish me for being honest. I understand that this may not be easy to hear, and I empathize.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups for free after rating. My ultimate goal is your complete satisfaction.
Customer: replied 1 year ago.


THANK YOU ELY. BY THE WAY MY JUDGE WAS XXXXXXX

LOOK HIM UP HES A REAL GEM. THANKS AGAIN LINDA

Expert:  Ely replied 1 year ago.
Linda,

I will... and again, I am sorry for the situation. Good luck going forward.

Kind reminder - please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88194
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 14 other Legal Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your generosity.

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