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I am the guilty party of that lie, so no it is not. It was done in person when she showed up at my old house looking for my mom. Oh, and I forgot to mention before, that having a negative judgement on my mother's credit is not a concern to either of us. She is never going to apply for anything that would require good credit. She already has huge medical bills that alas will never be paid.
Thank you that was very helpful. Lastly, though can you give me more information on being held in contempt of court. As in can she be for any reason ie not showing up to a new court appearance because she didn't satisfy the debt. Also, what if she didn't receive notice? I ask this because her neighbor has been collecting her mail and there was a certified letter notification that needed to be signed for. She never signed or received it. I know ignoring an issue is not usually the solution but this situation came after my father was in rehabilitation for having a stroke and 2 months later he had a massive unexpected heart attack. The person decided apparently that this was the appropriate time to begin her quest for money since the first court hearing was schedule for 2 weeks after my father died. They were married 37 years. :-( Its been tough, she doesn't need anymore stress. Sorry to ramble.
Again thank you. XXXXX already know she is never going to sign for a certified letter so she will never receive a notice to appear for a debtors examination. It would probably be easier just to go and be done with it but as I said keeping my mother from additionaly stress right now is the best course of action. She was 16 when she was married, this is a very bad time for her. Now I realize this is an additional question so if additional money is required it's ok. The judge had stated at the hearing that awarding the property was for another court. So if the person decides to go to court, under these circumstances, I don't see how a court would award the set, since A. it has been so long and B. anyone that gives someone a gift could have retained the receipt. A receipt proves they purchased it, which btw she did not, her sister's girlfriend did. The person's sister gave it to her and the person gave it to my mom. The receipt doesn't prove what the person did with the set after they purchased it. The original complaint said stolen property. How do you steal a whole dining room set to include a hutch, 10 chairs etc. In any case if the court would rule to have the set returned that would mean every gift I have given I could ask for back if I have the receipt. I am by no means questioning your expertise but I see you practice in Texas, how sure are you about the NJ laws?
I am very satisfied with the answers. My mom was told by two different lawyers that there was no way the court would rule in favor of the person. And then they did. Oh, what about if she never receives the notice for a debtor's exam?
Thank you again. I will discuss it with my mom. Have a great weekend!