The Law Office of Kurt H King

November 18, 2013

HOW TO GET YOUR PROPERTY BACK AFTER DIVORCE AND IN OTHER CASES–Missouri’s 511.310

Filed under: Divorce,Family Law,Litigation,Uncategorized — kurthking @ 3:13 pm
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Missouri law 511.310, RSMo 2013, seems to be a rarely used, straight forward way to recover for property that the ex-spouse fails to return as ordered in a divorce judgment.  However, the law does not limit itself to divorce judgments and applies generally. That statute provides:

“511.310. Damages in lieu of performance of judgment

When complete justice cannot otherwise be done, the court may, on the petition of the party entitled to the benefit of a final judgment, cause an inquiry to be made by a jury of the amount of damages which ought to be paid in lieu of the performance of the judgment, and may render a judgment for the damages so assessed, and award execution thereon.”

Perhaps an advisory jury would suffice instead of a full-blown jury trial.

In any event, 511.310 may be a viable and effective alternative to actions for contempt of court and conversion of property.

Kurt H. King

Law Office of Kurt H. King, 20 E. Franklin, Liberty, Clay County, Missouri

816.781.6000

Family Law–Child Custody, Support, Visitation, Dissolution of Marriage, Modifications, Paternity

Personal Injury, Workers’ Compensation, Chapter 7 Bankruptcy, General Matters

May 21, 2010

Contempt and Perjury in A Missouri Case

Filed under: Divorce,Family Law,Litigation — kurthking @ 6:02 pm
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It seems that one or both parties perjures his or herself in nearly every divorce case.

In one recent one out of Clinton County, those lies came back to haunt the wife in that case. She testified at trial that her husband had certain valuable items of construction equipment and vehicles. After the trial, and the denial of coverage on the homeowners insurance policy, the husband dug until he found his property hidden across the street from where his former wife lived with her new husband, who happened to also own a similar construction business.

After more deception and trial of the ex-wife for contempt, the Clinton County Circuit Court judge jailed her until she pays $90,000 or returns the property items. The Judge declared her perjury, lies, and intentional deception to be the most serious he had seen.

So good to see this lady jailed instead of slapped on the wrist.

Kurt H. King
Law Office of Kurt H. King
816.781.6000
20 E. Franklin
Liberty, Clay County, Missouri 64068
http://www.kurthking.com

Bankruptcy, Child Custody and Support, Divorce and Modification, Family Law
Personal Injury, Workers’ Compensation

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