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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116717
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In my divorce decree dated 1982 it is written That the court

Customer Question

In my divorce decree dated 1982 it is written
That the court awards and conveys the corporation known as BM plumbing,Inc. Respondent is ordered to pay and indemnify the loss from ant indebtedness to Wells Bank in the approximate amount of $9100.00 secured by the assets of the family home.
That all costs herein incurred be taxed against Respondent and the execution issue for all monetary relief granted in this decree.
After making several attempts to force ex husband in to paying this my lawyer petitioned through the court for a promissary note as a ways and means for him to indemnify me in Judges original divorce decree settlement. I have continued to revive the judgement and it is still in force. I have the letters between attorneys discussing my ex issuing a promissary note to me for money owed to Wells Bank. I have filed First amended to show cause. Contempt. His attorney presented 300 s.w 3D Estate of Downs
case law. Stating the court can not impose contempt on a promissary note. Judge ask me to email her a case law and I sent her
Huber v Huber 649 S.W. 2d 955,958. . Because ex has the means to satisfy the order and he deliberately failed and refused.
The promissary note totally stemmed from the judges order on divorce decree.
State of Missouri
The promissary note was only a ways and means to get ex to indemnify me in the divorce decree.
I need a caselaw where something like this has happened in Mo. I know this is complicated . Please help me to find an appropriate answer for the court
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the promissory note was written based on the order of the court to pay you the sum of money, then it is enforceable by a contempt action, see: Wisdom v. Wisdom, 689 SW 2d 82 (MO App. WD 1985). However, even if the court finds contempt is not the proper vehicle, you can file suit for breach of contract to enforce the promissory note, so all is not lost.
Customer: replied 9 months ago.
I am trying to establish a prima facie case. I have used every means to collect and I can prove that he has the ability to pay...he has refused , lied and hidden assets. Since his lawyer is so hung up on the fact that the money due is a promissary note and my ex cannot be held in contempt for a debt I am trying very hard to find all information that possibly can find. My problem has been collection because he has joint accounts with his wife and joint property in the state of Missouri. I read 451.270 Rights of married women. This revised statute in the state of Mo. seems to say the rules have changed eff. Aug 28 2016. Will you read that statute and tell me if I am reading that right?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
You do have the right still to collect. A joint account means BOTH people on the account own the indivisible whole amount in the account. So you can seek to seize the joint account in MO for his separate debt.
You are missing the issue too. A promissory note is a contract and if it is signed voluntarily between the parties and not as part of court order, then you have to sue for breach of contract and not contempt of court. So you have a cause of action to enforce the promissory note for breach of contract and you could seek to enforce the note from any assets he has his name on.