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What happens if the other party doesn't give the right items when exchanging the items after court's decision?

Bowie, MD |

I had left many valuables behind with my ex, which have been ordered to be given back to me. I am afraid my ex won't give me the right items, and will give me other fake and cheaper items. What can I do if that happens at the time of the exchange? I would like to know what actions I can take at that point to protect myself? The case is already closed, and it's been a struggle to get them to commit to a date for the exchange. I am 99.9% sure that my ex will still try to cheat me during the exchange.

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Filed under: Divorce
Attorney answers 1

Posted

This is a sore spot with judges, because it is difficult to prove and difficult to enforce. If you are cheated, then file a motion and ask the judge to order the other party to pay you compensation for your loss. Hopefully, your divorce documents provide that the court has jurisdiction and authority to enforce this executory part of your divorce judgment.

This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you because you have not yet retained me, and because you have not provided me with a COMPLETE set of all the FACTS in your legal situation. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. This answer is provided as GENERAL INFORMATION ONLY, and to assist you in beginning your own research or in finding an attorney to represent you. I am an attorney licensed in Maryland and California. If you want me to provide legal advice, then you must call for a Consultation. If you would like me to represent you, then a Retainer and a fully signed and dated Legal Services Agreement (a contract) will be required. Office: (410) 381-1656. David Mahood, Esq.

Asker

Posted

But my ex will obviously deny that he's changed the items. How would I go about proving that to the judge? How would the judge determine the dollar amount for my loss? Would it be my burden to prove that I've been cheated? I ask, because I don't have pictures of these items.

David Raymond Mahood

David Raymond Mahood

Posted

This is exactly why judges hate these kinds of disputes, because usually there is little proof regarding the truth. So I simply say to you that if the monetary loss will probably be significant, then file your motion and cite whatever proof you can, perhaps an affidavit from a witness, etc., and ask for a hearing to explain whatever needs to be explained in person. Then hope for the best, and expect little. If the expected monetary loss is small, then perhaps you would be wise to take what you can get voluntarily, and try to forget about it.

Asker

Posted

Thank you very much for your quick responses. I really appreciate your assistance.

David Raymond Mahood

David Raymond Mahood

Posted

You are very welcome. I hope things turn out well for you. But if your ex does cheat you, it is necessary for you to weigh in the balances the value of your loss with the value of peace. Litigation means loss of peace, so if you pursue litigation, make sure it is worth it.

Asker

Posted

You are correct! Litigation will be a lot more costly and I can't afford it any ways. My attorneys have already refused to see this through after telling me that they will help with the exchange. They advised me to hire a collection lawyer....which I would've loved to....but I can't afford....so I am going to just go...get whatever I get...and pray that this is the end of it.