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I Wanna See the Courthouse Movie! - Part 2

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JoeBrotheChildSpitGuzzler

JoeBrotheChildSpitGuzzler

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He keeps saying we. Next time point out that there is no "we" on the judgement and there is only 1 judgement debtor who is Patrick S Tomlinson.

Edit: I'd love it if he keeps saying "we" thinking the SFWA is still behind him and they hang him out to dry with a 25-30k bill.
 
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TurdFerguson said:
He keeps saying we. Next time point out that there is no "we" on the judgement and there is only 1 judgement debtor who is Patrick S Tomlinson.

Edit: I'd love it if he keeps saying "we" thinking the SFWA is still behind him and they hang him out to dry with a 25-30k bill.
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I think there's a chance Patrick might be on the hook for everything (via SFWA loan) and doesn't yet grasp the gravity of the financial situation.

Why would SFWA give him $100k with no strings attached? That's completely retarded.
 
UnPRePared

UnPRePared

For the last time, I am NOT Frank Grimes!
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Udders said:
They do hate us A LOT.
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Somewhere I hope there's a group of those Harlan Ellison-wannabes at a large table, and someone says with dramatic emphasis "We simply MUST get that onaforums once and for all! We'll start with their most public member - RAY WILSON! Someone give me the phone numbers of Paul Holmes and Mike Rutherford, and get our hitman a plane ticket to Poznan, post haste!"
 
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TurdFerguson said:
Her name isn't on the filing or lien though, is it? I'm sure if they get divorced she'd be on the hook for half because he doesn't strike me as a man who would own his own debt. As far as the legal documents go, the only judgement debtor is Patrick S Tomlinson.
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Wisconsin is a community property state so she owes it same as him.

[URL unfurl="true"]https://www.nolo.com/legal-encyclopedia/debt-marriage-owe-spouse-debts-29572.html[/URL]


[HEADING=1]Community Property States[/HEADING]
The states that follow community property rules are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

[HEADING=2]When Are You Responsible for Your Spouse's Debt?[/HEADING]
In community property states, most debts incurred by either spouse during the marriage are owed by the "community" (the couple), even if only one spouse signed the paperwork for a debt. The key here is duringthe marriage.

After a [URL='https://www.nolo.com/legal-encyclopedia/separation-vs-divorce-30251.html']legal separation or divorce[/URL], only the spouse who incurred the debt owes it unless the debt was incurred for family necessities, to maintain [URL='https://www.nolo.com/legal-encyclopedia/dividing-property-debt-during-divorce-faq.html']jointly owned assets[/URL] (for example, to fix a leaking roof), or if the spouses keep a [URL='https://www.nolo.com/legal-encyclopedia/bank-levies-joint-accounts-spouse.html']joint account[/URL].

[HEADING=2]What Property Can Be Taken to Pay Debts?[/HEADING]
In a community property state, creditors of one spouse can go after the assets and income of the married couple to make good on joint debts, and remember, most debts incurred during marriage are joint debts.

Creditors can go after joint assets in a community property state no matter whose name is on the asset's title document. For example, a business owner's name might not be on the title to her spouse's boat. Still, in most community property states, that won't stop a creditor from suing in court to take the boat to pay off the business owner's debts assuming the boat was purchased with community funds and not separate funds.


[HEADING=2]How to Remove a Spouse's Liability[/HEADING]
Couples in community property states can sign an agreement with each other to have their debts and income treated separately. Signing a pre- or postnuptial agreement like this can make sense for a couple before one spouse goes into business. But if you're already in business, signing an agreement now won't protect your spouse from liability for business debts that you already owe, only from liability for future business debts.

Keep in mind that this agreement will be between you and your spouse. It likely won't affect whether a creditor can pursue you for debt, only your ability to pursue your spouse's personal assets for payment. Check with your [URL='https://www.nolo.com/lawyers/family']family law lawyer[/URL] or [URL='https://www.nolo.com/legal-encyclopedia/what-should-i-expect-from-my-bankruptcy-lawyer.html']bankruptcy lawyer[/URL] for clarification.

You can also sign an agreement with a particular store, lender, or supplier, stating that the creditor will look solely to your separate property for repayment of any debt, essentially removing your spouse's liability for any obligation or debt from the contract—if you can get the other party to agree.


[SIZE=26px]OOPSIE DOODLES

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Kim_Jong_Poon_

Kim_Jong_Poon_

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guest said:
Wisconsin is a community property state so she owes it same as him.

www.nolo.com

Debt and Marriage: When Do I Owe My Spouse's Debts?

Your marriage and debt status, along with whether you live in a community or common law state, will determine whether you are liable for your spouse's debts.
www.nolo.com www.nolo.com


Community Property States​

The states that follow community property rules are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

When Are You Responsible for Your Spouse's Debt?​

In community property states, most debts incurred by either spouse during the marriage are owed by the "community" (the couple), even if only one spouse signed the paperwork for a debt. The key here is duringthe marriage.

After a legal separation or divorce, only the spouse who incurred the debt owes it unless the debt was incurred for family necessities, to maintain jointly owned assets (for example, to fix a leaking roof), or if the spouses keep a joint account.

What Property Can Be Taken to Pay Debts?​

In a community property state, creditors of one spouse can go after the assets and income of the married couple to make good on joint debts, and remember, most debts incurred during marriage are joint debts.

Creditors can go after joint assets in a community property state no matter whose name is on the asset's title document. For example, a business owner's name might not be on the title to her spouse's boat. Still, in most community property states, that won't stop a creditor from suing in court to take the boat to pay off the business owner's debts assuming the boat was purchased with community funds and not separate funds.


How to Remove a Spouse's Liability​

Couples in community property states can sign an agreement with each other to have their debts and income treated separately. Signing a pre- or postnuptial agreement like this can make sense for a couple before one spouse goes into business. But if you're already in business, signing an agreement now won't protect your spouse from liability for business debts that you already owe, only from liability for future business debts.

Keep in mind that this agreement will be between you and your spouse. It likely won't affect whether a creditor can pursue you for debt, only your ability to pursue your spouse's personal assets for payment. Check with your family law lawyer or bankruptcy lawyer for clarification.

You can also sign an agreement with a particular store, lender, or supplier, stating that the creditor will look solely to your separate property for repayment of any debt, essentially removing your spouse's liability for any obligation or debt from the contract—if you can get the other party to agree.


OOPSIE DOODLES

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I'm not an attorney, but since the house is supposedly in his wife's name, they can divorce, and in that scenario Pat could declare bankruptcy. I'm sure that beyond the $5k salvage value for Susan, it may impact any future royalties, but it may be an option. Again, not a lawyer, but I don't underestimate these fags with their ability to work government angles
 
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maybe kiss you
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Really hoping that the SFWA sticks to their guns on Pat's LOAN

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Legal Fund - SFWA

The SFWA Legal Fund makes grants available to authors who must take a writing-related dispute to court. Grants are made on a case-by-case basis, after review by the Grievance Committee and the SFWA attorney. Donate SFWA Legal Fund Guidelines The SFWA Legal Fund does not seek to promote or...
www.sfwa.org www.sfwa.org
 
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Kim_Jong_Poon_ said:
I'm not an attorney, but since the house is supposedly in his wife's name, they can divorce, and in that scenario Pat could declare bankruptcy. I'm sure that beyond the $5k salvage value for Susan, it may impact any future royalties, but it may be an option. Again, not a lawyer, but I don't underestimate these fags with their ability to work government angles
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Property and debts in a divorce | California Courts | Self Help Guide

A judge has to approve how you’ll divide your property and debts Part of your divorce involves dividing your property and debts. Property is anything you can buy or sell or has value. For example, a house, car, or furniture. It’s also things like a bank account, pension, 401k, or stocks.
www.courts.ca.gov www.courts.ca.gov

This does not mean that you have to go in front of a judge to decide these issues. Often, couples are able to divide their property (and their debts) by agreement. But when you get divorced, the judge has to sign off on that agreement. Until that happens, the property you got during the marriage or domestic partnership belongs to the 2 of you, no matter who is using it or who has control of it. The same is true of debts. If you divide them between you without a court order (or without a judge signing off on your agreement), the debt continues to belong to the 2 of you and you are both responsible for it, even if the 2 of you split it up informally.
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