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My wife filled out pro se legal separation papers 10 years

My wife filled out pro...

My wife filled out pro se legal separation papers 10 years ago. She forged my name on fact finding, the decree of legal separation, the proposed parenting plan, order of child support, and the final order. In the Separation she awarded herself all properties and I all debts, she did not order alimony for heself. She told me she wanted the paperwork so she could qualify through the state to get money for school. She went to medical assistant school which the state paid for. Then the state paid for her stomach stapling and other medical issues. Meanwhile we continued to live in the same home for 6 more years as husband and wife. We acquired substantial IRS debt plus many other debts and I inherited my parents house. Then in 2009 she comes home and hands me a paper that says we're divorced. She then showed me her old separation paperwork that awarded her our home and all land. She told me if I didn't pay her alimony she would take all the property. So I paid her alimony. Its been three years, I stopped paying her alimony after I went to the court house and finally got all the documents she had filed. I saw all the forgeries. I've also discovered a forgery on state paperwork for a log cutting permit on our property. She is now threatening me with the sale of my home and shop and all the land. She even has a buyer and surveyor out. I have tried to get her to sign a partition agreement so she can sell 50 of the 80 acres and let me keep my house and she wants more. She wants my parents house now. Isn't this fraud, theft, perjury and felony forgery? I have told her I will have no choice but to go down to the sheriffs office and file an affidavit of forgery and turn all the forgeries to the state.

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4/21/2013
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 20,247
Experience: B.A.; M.B.A.; J.D.
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Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


When you discovered her forgery in 2009, why didnt you file Complaint with the Court to vacate the Divorce Judgment and the division on property that came as the result?
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Customer reply replied 4 years ago

I did not discover the forgeries until march of 2012. A friend had looked at the 5 sheets of paper (all I had of our divorce/separation agreement) and said this isn't your signature. I looked and sure enough it wasn't so I went down and ordered all the paperwork and found the rest.
I have tried for this past year to come to some sort of settlement with her without filing criminal charges against her. But she just won't cooperate and wants more and more.

Customer reply replied 4 years ago

Are you saying that even now, 4 years later I should file a Complaint with the Court to vacate the Divorce Judgment?
Would the court do anything about the forgeries or is that still something I need to file a criminal report about?

Customer reply replied 4 years ago
Relist: Incomplete answer.
I would like clarification on what I should do now

Thank you for the information. I am so sorry for the delay in getting back to you. I was helping another customer in front of you.


I did not discover the forgeries until march of 2012. A friend had looked at the 5 sheets of paper (all I had of our divorce/separation agreement) and said this isn't your signature. I looked and sure enough it wasn't so I went down and ordered all the paperwork and found the rest.
I have tried for this past year to come to some sort of settlement with her without filing criminal charges against her. But she just won't cooperate and wants more and more.

Are you saying that even now, 4 years later I should file a Complaint with the Court to vacate the Divorce Judgment?
Would the court do anything about the forgeries or is that still something I need to file a criminal report about?


Response
: You can still do something about the forgery because the Statute of Limitations has not run on the fraud. The Statute of Limitations on fraud in the state of Washington is three years and fortunately, it starts to run only from the time the fraud is discovered. So, even if this forgery happened ten years ago, you can still do something about it now— you can still file complaint against your "ex spouse" for the forgery because you discovered it just last year in 2012. See Revised Code of Washington Title 4 Chapter 16 Section 4.16.080(4) below, (emphasis added by me). Since she is being greedy and uncooperative, you may consider filing criminal complaint against her for forgery and/or file Complaint to Vacate the Divorce Judgment on the account of fraud.



http://apps.leg.wa.gov/rcw/default.aspx?cite=4.16.080

RCW 4.16.080

Actions limited to three years.

The following actions shall be commenced within three years:

(1) An action for waste or trespass upon real property;

(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;

(3) Except as provided in RCW 4.16.040(2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;

(4) An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;

(5) An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his or her official capacity and by virtue of his or her office, or by the omission of an official duty, including the nonpayment of money collected upon an execution; but this subsection shall not apply to action for an escape;

(6) An action against an officer charged with misappropriation or a failure to properly account for public funds intrusted to his or her custody; an action upon a statute for penalty or forfeiture, where an action is given to the party aggrieved, or to such party and the state, except when the statute imposing it prescribed a different limitation: PROVIDED, HOWEVER, The cause of action for such misappropriation, penalty, or forfeiture, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statutes of limitations, or the bar thereof, even though complete, shall not be deemed to accrue or to have accrued until discovery by the aggrieved party of the act or acts from which such liability has arisen or shall arise, and such liability, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statute of limitation, or the bar thereof, even though complete, shall exist and be enforceable for three years after discovery by aggrieved party of the act or acts from which such liability has arisen or shall arise.




Let me know if you need further clarification.


Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 20,247
Experience: B.A.; M.B.A.; J.D.
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Phillips Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 years ago

Thank you so much for your time! You've helped me a lot.

You are quite Welcome!


All the best
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Customer reply replied 4 years ago

Found out today she already changed the land into her name in February of this year.
When I went to the Sheriff's Dept today to file criminal charges, they informed me they might not take the complaint due to the fact that I tried to negotiate a peaceful settlement even after knowing about the forgeries :(
Now attempting to find an attorney that can file the complaint to vacate and stop the sale of my home.

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Phillips Esq.
Phillips Esq.
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