Chinmom ? good evening and thank you for your question.
I work in a law office and boy do I see all kinds of people. It
frustrates me to watch hard working, honest citizens get taken
advantage of by ex?s and con-artists. I have gone through it myself
but I finally put my foot down, went after the trouble maker, and
though I ended up getting hurt financially (much like you), I was, in
a sense victorious because I refused to let this person continue
taking advantage of me. Perhaps you need to take the same step.
The thing that stuck out to me immediately after reading your question
and clarification is the role of the bank. I am wondering if the bank
could be held liable for anything. Usually, when a garnishment is
ordered, it is done through an Order of Garnishment through the Court.
These legal documents must be served via Certified Mail to the
Judgment Debtor (i.e., your husband) and to the Garnishee (i.e., the
bank). You cannot simply file any ?ole piece of paper entitled
?Garnishment? ? I would think that any financial establishment would
know that! After they are served, they must be signed for by a
representative of the Garnishee and a Proof of Service must be filed
with the Court. I find it hard to believe that a bank would not be
able to spot a forged ?legal document?, given that most banks have
experience in garnishments proceedings. I also believe since they
went ahead and distributed the money without your consent and against
your wishes that they could be held liable.
Perhaps you can consider filing a grievance with the Oklahoma Bar
Association against the bank?s attorney as he had knowledge of your
wishes NOT to have that money withdrawn pending investigation by the
Court. You can view their website at:
( http://www.okbar.org/ethics/default.htm )
How to File a Grievance
( http://www.okbar.org/members/gencounsel/complain.pdf )
I would certainly check with an attorney to see what legal recourse
you might have against the bank.
You stated in your question that she mailed you a check a few days
later. If this check was for the whole amount and cleared the bank, I
believe there is little you can do to her as far as theft charges
unless it happens again. Technically, she has gone before the Judge,
was ordered to pay you back, and though it was not immediately, she
has complied with the order of the court. Therefore, she is not in
contempt. You may be able to get her for misrepresentation since she
technically forged a ?court document?. I would suggest that you speak
to an attorney in your area to find out if you can legally prosecute
the ex-wife even though she has returned the money. Most attorneys
will give a free legal consultation (however, I have found some that
only give the first hour free, so please be sure to ask.)
The Oklahoma Bar Association website has a great tool to help you
locate a lawyer. You can find it at:
( http://www.oklahomafindalawyer.com/FindALawyer )
What she has done definitely constitutes theft and what type of
prosecution she should get depends on the amount she stole. Theft is
typically defined as:
"...a crime in which a person intentionally and fraudulently takes
personal property of another without permission or consent and with
the intent to convert it to the taker's use (including potential
sale). In many states, if the value of the property taken is low (for
example, less than $500) the crime is "petty theft," but it is "grand
theft" for larger amounts, designated misdemeanor, or felony,
respectively."
Source: The Free Dictionary
( http://legal-dictionary.thefreedictionary.com/theft )
Before you meet with an attorney, I would suggest that you go to the
courthouse where the hearing was held and get a copy of the court
file. Official court records held by the Clerk of the Court are
presumed to be open to any member of the public for inspection or to
obtain copies at all times during regular hours of operation. The
procedure for obtaining a criminal record varies depending upon the
jurisdiction, which holds the record, and the purpose for which you
require the record so be sure to call ahead of time, explain the
situation and ask if there would be anything baring you from obtaining
a copy. I would also request a copy of the Court Transcript for that
particular hearing. Take all these documents as evidence to a
criminal lawyer in your area and have them file a Petition against her
in criminal court alleging her theft.
You can contact the Court at:
320 Robert S. Kerr
Room 409
Oklahoma City, Oklahoma 73102
Telephone: 405-713-1722
Court Clerk: Patricia Presley
Hours of Operation: 8:00am to 5:00pm
Good luck to you! If this answer requires further explanation, please
request clarification before rating it, and I'll be happy to look into
this further.
Nenna-GA
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