I went onto the marital property and claimed some possessions.

My ex is now taking me to court for trespassing and theft.

First, I didn't believe that I was trespassing. I am still getting the property tax bills, that tells me that my name is still on the property.

Second, the JOD states that I am entitled to my personal property. We were supposed to have claimed items from each other within 30 days, but he was uncooperative in setting up a day to do so. He has in the past given me a two hour window (no advance notice) to pick up all of my belongings, which HE assembled into a pile (I never got to go through the house or outbuildings), and so I sent him a letter of my intent to collect some specific belongings, with a date specified and for him to contact me to arrange a time.

He did not, so I went to the place with a witness on that day and removed a few items of personal property from an open outbuilding.

He is now claiming that I trespassed (I did sign a quit claim deed that I assumed was never processed as he is delinquent in paying taxes) and that I stole $1000 of his belongings (listed many things my witness knows I did not take). He also makes about a dozen allegations against me, claiming I've said derogatory things I never said, etc. He's asking for $3500 for restitution, trespassing and attorney fees.

Okay, I screwed up. What now?

<small>[ August 30, 2002, 09:30 PM: Message edited by: ex-Princess Buttercup ]</small>

Where did you screw up?

The judge is going to laugh your x's butt right out of court. You have title. He has unpaid taxes. You have a witness as to what you took.

It seems as though there might be a counter suit here you could take against your x - and it wouldn't cost you a dime to file it - as a counter-claim to his lawsuit.

Where did YOU screw up? You haven't recently. The only screw up you can claim is when you met his mother for the first time before you married him and didn't run far far away! <img border="0" title="" alt="[Wink]" src="images/icons/wink.gif" />

<small>[ August 24, 2002, 02:59 PM: Message edited by: KaylaAndy ]</small>

Ex PB,

You told him you'd be there...Wasn't it up to him to show up or say it wasn't a good idea...sounds to me like you expected him to be there and when he wasn't you just figured he must of wanted you to get them anyway...right?

ANNA

I can't believe it - my ExH came onto my property and took stuff while I was out of state and didn't tell me that he did it, and there is nothing that I can do about it.

You'll be ok. He's crazy.

K

</font><blockquote><font size="1" face="Verdana, Arial">quote:</font><hr /><font size="2" face="Verdana, Arial">Originally posted by ex-Princess Buttercup:
<strong>What now?</strong></font><hr /></blockquote><font size="2" face="Verdana, Arial">Counter-sue for harrassment.

I appreciate all the support, but I worry about how the judge will view this.

My name is allegedly not on the property any more, I signed the quit claim deed in May and it was filed back in July, although I didn't find this out until later (online public records) ... why would I still be getting a tax bill in August? He has paid $0 of the 2002 property taxes.

Second, the divorce order gave me 30 days to recover my personal items. All exchanges have been on his terms, he changed the locks on the house/trailer, ... nevertheless it has been almost a year since the divorce (I didn't know the extent of personal property that was missing within 30 days, now that I recall these things, he's saying, too late they are his now??!)

XH figured out who I brought with me as a witness and already had him sign a letter stating the date we went there and that we took certain items. I am hoping my witness will also write a letter for me that will clarify that I didn't take $1000 worth of stuff, more like $100, and that it wasn't ever used by XH but my personal property.

I'm wondering if I should bring up to my attorney (if I get one!!) the things that I've reported to Friend of the Court (parental alienation, controlling behavior, etc.) that have gone without action, and the issue of XH's mother picking up our son when it isn't XH's parenting time ... I hate to go to court again!!

xPB

Ex PB,

This has nothing to do with your case but...

If he let's his property goes to foreclosure...you could possibly get it back...For instance, I got the house, ex is suppose to sign a deed of trust giving me the house, but, and he may not even be aware of this if his attorney didn't point it out, if I go too many payments behind on the house and he keeps informed on this issue, before they foreclose, he could get the house back, by making the payments. Of course, he'd have to find out when and how to get it back also...

Regarding the case he filed...get an attorney's advice, I think it will give you peace of mind.

Take care,

ANNA

<small>[ August 25, 2002, 09:50 AM: Message edited by: Anna2000 ]</small>

He won't let it go to foreclosure ... he'll wait until the last week he can pay on it, just like last year.

Just wondering if now that he's got a woman, if he'll be in any more of a hurry to get out of his parents' house. If she's been around a while, bless my kids' hearts, they haven't mentioned her once. (I never ask.)

Counter-claim you say? Hee hee hee. Don't get me started ... I've been overflowing with anger, adrenaline and creative juices over the past few hours, and have written up an answer to his allegations, as well as a LIST of Consent Judgement of Divorce violations he is guilty of!

Are you ready for this? Here goes ...

~~~

(need to rewrite this so I can file it and make it official!)

<small>[ August 30, 2002, 05:00 PM: Message edited by: ex-Princess Buttercup ]</small>

Nothing like a counter-suit to make someone re-think filing bullsh*t charges.

My extra special happy news of the day is that my attorney can't represent me at this hearing, I can't get an appointment with legal services until the Monday after it!! So I get to represent myself before the Judge and XH gets to stand there with his super-cool new attorney. What does an anxiety attack feel like??

</font><blockquote><font size="1" face="Verdana, Arial">quote:</font><hr /><font size="2" face="Verdana, Arial">Originally posted by ex-Princess Buttercup:
<strong>My name is allegedly not on the property any more, I signed the quit claim deed in May and it was filed back in July, although I didn't find this out until later (online public records) ... why would I still be getting a tax bill in August? He has paid $0 of the 2002 property taxes.

xPB</strong></font><hr /></blockquote><font size="2" face="Verdana, Arial">Princess,

I MAY be able to offer some insight on why you are getting the tax bill. You signed a Quit-Claim deed correct? Did you also have him re-finance the house to get your name off the mortgage? If it was on it in the first place of course.

When my XW and I divorced she signed a quit claim deed and I bought her out of her portion of the house. However, all a quit claim deed does is relinquish your OWNERSHIP rights in the property, not your DEBTS to the property. Only by him selling the house outright, or refinancing it into his name alone, are you relieved of debt.

As part of my divorce decree it was decided that I had 3 years to refinance the house into my name alone and get my xw off it. I sold the house just recently and that removed her from the note.

If your XH is not paying the bills due on the mortgage, they can, and will come after you for it.

Its like co-signing say...a loan for your kids car. You can put the car in the kids name, the title shows he owns it, you have no say in what is done to the car. BUT, the loan company can give a hoot about who owns the car, they only care about who agreed to PAY for it.

Hopefully this isn't your situation. In my case the divorce was amicable so we decided on a quit claim deed only, though her attorney suggested against it because it left her wide open were I to default on the mortgage.

There was no mortgage on the property. We paid the land contract in full. It seems like I could still be liable for 2002 taxes since they were due in February and I didn't sign off until May.

I don't know. I'm just brainrattled from hearing that I've got to go to court alone!!

Hang in there Princess! I had to represent myself at my first hearing for the no contact order......he was there with his expensive attorney, who had the nerve to say that my attorney "didn't bother with cases like these", as if it was my fault she wasn't there! Anyway, I just told the truth and my ex wailed and carried on.....and the judge ruled in my favor. Just be calm and honest and you'll win.

Well, here's where I'm at now ...

• my witness is writing me a letter restating what was removed, and that certain items were NOT there that had been, listing examples

• my brother, who helped unload the truck that day, signed a letter stating what was in the truck, and that I didn't have any of my 'old' stuff and had bought all-new

I hope these letters help me. This judge is a bit abrupt and doesn't let you get a lot of explaining in ...

</font><blockquote><font size="1" face="Verdana, Arial">quote:</font><hr /><font size="2" face="Verdana, Arial"> What does an anxiety attack feel like??
</font><hr /></blockquote><font size="2" face="Verdana, Arial">You sound awfully strong now, I think you'll do fine by yourself. It's a challege, and will boost your self-esteem.

HERE is what I have so far for an "ANSWER" to his Motion to Enforce Judgement ... I have listed the original accusation first by number and then my response ... I RATTLE ON ... I need help making this look and sound like I know what I'm doing!!!

~~~

ANSWER

NOW COMES the Defendant, Princess Buttercup, answering the Motion to Enforce Judgement, states as follows:

1. The parties were divorced by consent judgement entered September 12, 2001.

1. Admit.

2. Defendant filed a Motion to Enforce Judgement on April 23, 2002, to settle the remaining personal property issue, i.e. a washer and dryer, which were delivered to Defendant in early June, 2002.

2. Denied as incomplete, remaining personal property was not limited to a washer and dryer. See Section XVI, Property Settlement, Consent Judgement of Divorce: "Defendant shall receive the washer and dryer and her personal items, collectables and gifts from her father and grandfather." Plaintiff refused to accomodate Defendant's requests to schedule an exchange in the thirty days given in the order. Plaintiff changed the locks on the marital home before the divorce was final, and has not allowed Defendant to go through the house or outbuildings and access her personal property. Plaintiff willfully destroyed Defendant's personal property, including a high school photo which was partially burned, and some horse equipment was found in a dumpster on the property, while another item was recently broken.

3. At that hearing, the parties stated on the record that once this transfer was complete, each party would then retain the property in his or her possession, forever resolving the issue of personal property.

3. Denied as untrue, Defendant does not recall forfeiting the remaining personal property. This is not specified in the Order Enforcing Judgement of Divorce signed May 17, 2002.

Plaintiff never allowed Defendant to seek and acquire her personal property from the marital home or outbuildings. In January 2001, he allowed Defendant two hours with no advance notice, to retrieve belongings that he assembled for her to pick up, and Defendant's mother stood by with a video camera to document the entire event. Defendant was not allowed to go into the rooms of the house or into any of the outbuildings to claim other belongings. Plaintiff then changed the locks on the mobile home without consent of the Defendant.

Defendant has returned items with sentimental value to the Plaintiff to him as they were discovered among her belongings. (ie. photograph from friend's wedding in which Plaintiff was in the wedding party, photograph of Plaintiff and his dog when it was a puppy) Plaintiff however has a history of destroying Defendant's irreplaceable items. (ie. portrait of Defendant and her high school prom date was discovered with the heads burned out of the photo, evidence was given to Defendant's former attorney, Ms. ***)

4. Pursuant to the May 2002 order, Plaintiff paid Defendant $36,000 and Defendant signed a quit claim deed.

4. Admit.

5. Plaintiff advised Defendant that she was unwelcome at the former marital home.

5. Admit.

6. Defendant, on August 5, 2002, sent a letter to Plaintiff demanding return of certain items of personal property.

6. Admit.

7. Since August 5, Plaintiff discovered that someone had entered his property, and that many items from his outbuildings were missing, including but not limited to:
a. A 50 and 100 gallon watering containers for horses
b. two bulldozer brand fence electrification units
c. Eleven, 7 foot fenceposts
d. Five grain barrels for feeding horses
e. Assorted bridles, bits and miscellaneous equestrian articles
f. Other items that may be discovered missing

7. Denied, items listed as missing have been exaggerated and include property that was not removed by the Defendant The list is incompatible to Plaintiff's own witness' letter. Please find attached letters from witnesses that specify what property was removed by the Defendant and the witness on August 10.
This is a complete list of items removed by Defendant:
a. a 50 gallon and a 100 gallon Rubbermaid horse watering troughs, gifts to the Defendant; combined value approx. $50
b. four 7-foot steel T-posts, purchased by the Defendant in 1993; combined value approx. $8
c. an old horse bit, old wood stirrups, old leather cinch strap, old lead rope; combined value approx. $8
d. approx. a dozen plastic fence wire insulators and a partial roll of #9 wire, purchased by the Defendant in 1993; value approx. $2 and $4 respectively
This listing corresponds with the letters supplied to Defendant by the witnesses.

8. The replacement value of the items stolen is in excess of $1,000, Plaintiff filed a police report with the Sheriffs Office.

8. Denied, the replacement value has been grossly exaggerated to benefit the Plaintiff.

9. Plaintiff's reply to Defendant's written demands of August 5 was to state that all personal property has been exchanged, and that any and all items remaining at the former marital home are the property of Plaintiff.

9. Denied as untrue, Plaintiff did not reply to Defendant's letter dated August 5.

10. When confronted by Plaintiff regarding the missing property, Defendant admitting taking these items with the help of a neighbor, *** S**. According to Mr. S**, Defendant lied to him, stating that she had Plaintiff's permission to enter the property and remove these items.

10. Denied as untrue, Defendant did not admit taking any items. Defendant did not disclose the name of the witness. Defendant did not at any time claim that she had Plaintiff's permission to enter the property and remove items. Defendant believes her name to still be on the property and expected Plaintiff to arrive for the exchange. Defendant brought a witness for her personal protection from the Plaintiff, who has been abusive and violent. Plaintiff has willfully destroyed much of Defendant's personal property. Defendant felt compelled to retrieve as much of her remaining personal property as possible when Defendant failed to appear at the scheduled time. Most of these belongings had already been disposed of or destroyed when she arrived at the property. Some horse equipment was observed in a large dumpster on the property. Remnants of other missing items were also witnessed.

11. Defendant further told Plaintiff that she had every right to enter the property whenever she likes because of a defect in the quit claim deed. She stated to Plaintiff that she will enter the property whenever she pleases and take whatever she wishes, and that "you can't do anything about it."

11. Denied as untrue, Defendant did not make these statements.

12. Defendant further told Plaintiff "my lawyer said I can go on the property whenever I want - my lawyer's free, you'll have to pay for one so I'll break your back. That deed doesn't mean anything, I can come and go as I please because my name's still on the deed."

12. Denied as untrue, Defendant did not make these claims.

13. Despite repeated notice, Defendant continues to trespass upon Plaintiff's property, removing whatever she pleases when she knows Plaintiff is at work.

13. Denied as untrue and unfounded accusations.

14. Defendant's behavior is unlawful, outrageous, and in violation of the Court's Order. Further, Defendant continues to receive free legal assistance despite receiving a check for $36,000 and enjoying full-time employment, and living rent-free in subsidized housing.

14. Denied as untrue and irrelevant information, included only as a personal insult to the Defendant.

Defendant has primary custody, a good work history, is attending college, has rebuilt relationships with family and friends destroyed by the marriage, and is doing well. Plaintiff has struggled with employment and lives with his parents. It is the Defendant's belief that the Plaintiff is now calling the items that he destroyed or discarded "missing" in a malicious attempt to exact revenge on the Defendant. Plaintiff threatened the Defendant before the separation that he would get everything, and would make her suffer if she left him. The Plaintiff is a textbook abusive, controlling individual who must be sent a message that he does not have the right to harrass, humiliate or abuse the Defendant, and that there are consequences for his attempts.

15. Plaintiff alleges that it is an improper use of the Court and Legal Aide resources to continue representing Defendant when she only seeks to "bully" the Plaintiff.

15. Denied as untrue, Plaintiff seeks to control and intimidate the Defendant and is retaliating because the Defendant took him to court in May 2002 to enforce the judgement.

16. The Parties' Judgement of Divorce contains an Enforcement Provision which states: IT IS FURTHER ORDERED AND ADJUDGED that in the event that either fails to comply with any terms of this Judgement of Divorce, that the party at fault shall be liable for any reasonable attorney fees, court costs or other costs associated with enforcement of that provision.

16. Admit.

17. Defendant's conduct is willful, malicious and vindictive. Because of the outrageous acts by Defendant, sanctions and attorney fees are appropriate and should be awarded to Plaintiff.

17. Denied as untrue. Plaintiff is a vindictive, abusive person who threatens legal action whenever Defendant does not do what Plaintiff wants. Plaintiff is in violation of the Judgement of Divorce many times over, and Defendant has attempted to avoid legal action until this time.

18. Plaintiff is entitled to damages for Defendant's use of "self-help," and for the trespass to his property.

18. Denied, Defendant believes her name to still be on the property as she is still receiving property tax bills as of August 2002.

19. Plaintiff is entitled to restitution for the property stolen by Defendant.

19. Denied, Defendant did not willfully steal any of the Plaintiff's property. Defendant claims the horse equipment and memorabilia to be her own personal property from over 19 years of involvement with horses. Plaintiff has never taken an interest in her horses. Irreplaceable items with great sentimental value have been destroyed or discarded by the Plaintiff, including horse show ribbons and trophies, and horse equipment Defendant has owned for over 18 years.

Defendant has allowed Plaintiff to keep, without contesting, the majority of the marital property, including the marital home (1980 mobile home), two cars, two trucks, a motorcycle, three lawn mowers, TV, VCR, satellite dish, waterbed, furniture, old collectible magazines, other assorted collectibles stored in outbuildings, wedding gifts, appliances, various tools, thousands of dollars worth of guns and military surplus items, and more. Defendant has only asked for her remaining personal property. On August 10, 2002, it was discovered that a great deal of her belongings with great sentimental value had been destroyed or discarded, including but not limited to: bridles, bits, horse brushes, halters, 4-H show ribbons, and other items she has owned since childhood. The witness recalls these items in the building in December 2000.

COUNTER-CLAIM

Plaintiff has not provided disclosure of payment of jointly held marital debts. Per Section XVII Part Four, Consent Judgement of Divorce, Plaintiff had until July 13 to pay the balance on his Discover Card ending in 3270, and had until August 12 to disclose proof of payment to Defendant. This has not been done. This was a jointly held account and shows up on Defendant's credit report with a $1020 recent balance.

Plaintiff is employed at a company that offers medical benefits for his family, but has not provided insurance cards or information on benefits for the minor children, violating Section XI, Medical Expenses, Consent Judgement of Divorce.

Plaintiff is sending a third-party to pick up his children from school because he is at work. This is not his parenting time. Defendant has the support of the *** Friend of the Court and the *** Police Department in picking up the children after school if Plaintiff is not available to do so. Section III Parenting Time from the Consent Judgement of Divorce should be amended as follows:

1. WEEKLY: Alternate weekends after the children have been released from school or after parent's work, whichever is later, on Friday until 6:00 pm on Sunday.

2. In addition a visit every week on Wednesday after the children have been released from school or after the parent's work, whichever is later, until 8:00 pm.

Plaintiff is engaging in Parental Alienation, violating Section VI, Inherent Rights of Minor Children, Consent Judgement of Divorce. A detailed documentation of events has been forwarded to *** Friend of the Court. Defendant has asked Plaintiff to refrain from conversation in front of the children, but he has continued to berate and belittle Defendant in front of them. Defendant will seek supervised visitation if incidences of Parental Alienation persist.

Plaintiff has been uncooperative in returning personal property to Defendant violating Section XVI, Property Settlement, Consent Judgement of Divorce, and may have willfully and maliciously destroyed or disposed of Defendant's personal property. Belongings which were witnessed in the marital home and outbuildings in December 2000 and May 2002 are "missing" and/or Plaintiff refuses to produce them or make arrangements for Defendant to obtain them.

• Specifically being sought are issues of *** *** magazine when Defendant was the Graphic Designer between 1996 and 2000, and obtained 12-20 copies of each issue for her design portfolio. These magazines were in boxes and bags in the marital home in December 2000, and must promptly be returned to the Defendant as she is a freelance graphic designer seeking new clients.

WHEREFORE, DEFENDANT REQUESTS the court to:

a. Order the Plaintiff to allow Defendant unrestricted access to her remaining personal property at the former marital home, and order the Plaintiff to return any personal property he may have already removed from the former marital home, specifically but not limited to, the missing *** *** magazines.

b. Order the Plaintiff to remit to the Defendant $300 for the personal property he has destroyed or discarded.

c. Order the Plaintiff to disclose proof of payment of the jointly held marital debt.

d. Order the Plaintiff to adhere to the above-referenced changes to Parenting Time.

e. Order the Plaintiff to provide insurance for the children and provide Defendant with documentation.

f. Order the Plaintiff to refrain from addressing the Defendant in a disrespectful manner in the presence of the children and from all other forms of parental alienation.

g. Order that the Plaintiff pay the court costs and attorney fees for this legal action.

h. Grant any other relief that is fair and equitable including holding Plaintiff in contempt if the court deems it appropriate.

~~~

<small>[ August 30, 2002, 09:20 PM: Message edited by: ex-Princess Buttercup ]</small>

ex-Princess Buttercup:
Have the letters notarized. The writers have to sign them in the presence of the notary public. Judges look more kindly on notarized documents than on "letters." Also, if the two people can come to court to testify in your behalf, it would make a big difference.

The big day is tomorrow. I filed the Answer and Counter-Claim yesterday with a few changes, copies of witness' letters and photographs, etc.

I'm going to ask if they will postpone the hearing until I have legal representation. If not, I'm on my own against my XH's lawyer. Wish me well!

Fingers crossed, toes crossed, ankles crossed, I would cross my eyes if I could so instead I will say a whole bunch of prayers for you.