Divorces don’t only end a marriage. A lot of times they end friendships and extended family connections.
Once that divorce is final sometimes a clean break is best. Sometimes a clean break is not possible…So, how do you know if your former in-laws hate, hate, hate you?
They sue you!
In one case, shortly after an acrimonious divorce was final, the ex-husband received a notice from the bank that his account was being garnished. The call came quickly.
Q: “What is this? How can I be Garnished?”
A: “Someone has a Judgment against you…”
Legal research revealed a law suit in Justice Court. A Default Judgment was entered, which included a money judgment. A Writ of Garnishment was also filed. All of this done, by the way, with NO notice or service on the Defendant.
Who was the intrepid filer, you ask? The now ex father-in-law. He was mad, to say the least.
As justice requires, these actions were set aside. A Motion to Set Aside and Stay of Garnishment were filed. Notice and actual process was served on the opposing party, the proper way. It was proven that the ex father-in-law provided an address he knew to be incorrect for the now ex son-in-law resulting in no notice or process. As there was no Process – meaning actual notice or service, the judgment was void and set aside for a do-over.
What was the issue? A missed vacation and a non-refunded deposit. Yes. The ex father-in-law sued for the return of a vacation deposit that he planned, he paid, that he owed, that he decided not to take because the “family blew up.”
So, can you sue your ex in-law for a missed vacation? Yes. Will you win? No. Should you? No. Does that make you a terrible person? Could be…
Matthew Thompson is a Divorce Attorney in Mississippi and suggests you not sue your family members, if you can help it.
You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms.