Modesto, CA asked in Contracts, Divorce and Civil Litigation for California

Q: I would like to know what options I have to acquiring the $50k she owes me.

#1. She has a job making $60k/yr

#2.She signed a notarized document stating that she will give me $50k for the debt she incurred in my name by paying me money from the class action lawsuit she is involved in.

#3. I will get an annulment based on fraud

1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: Annulment in California has very specific requirements. If the fraud you're speaking of is due to this debt she incurred in your name, I don't think that would qualify. You can file for a regular divorce and try to get the notarized contract enforced as part of the property settlement or spousal support award, or you could file for divorce and then sue in a separate civil case. If she is working, you can hopefully just garnish her wages.

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