Hi ho, hi ho, it's off to court we go...
Husband picked up the envelope that The Ex had sent certified mail. Inside was a check, which was written out for the exact amount of the bills listed in the affidavit - no additional interest and, of greater focus, no service fees.
The Ex wrote on the note line of the check:
"Pay OFF of Kids Medical Expenses"
We're not cashing it. Not right now, anyway. Husband knew someone years ago that owned a car repair business; we'll call that person Guy A just for this blog post. Guy A had done work for someone, who we'll call Guy B. Guy A was going to let Guy B make payments on their bill. Guy B made one payment and stopped. Guy A was upset about not getting paid so he sued Guy B for the rest of the bill. The court reviewed everything and found that Guy A had cashed a check from Guy B; Guy B had written "paid in full" or something similar to that on the note line of the check. The court ruled that because Guy A had accepted this "full" payment from Guy B, that Guy A "agreed" it was paid and ruled that Guy A could not collect anything more from Guy B. So until further notice, the check is going to sit in our nightstand drawer.
Just to make sure everything was being communicated, Husband texted The Ex last night and told her that he got her check, the amount did not include the service fees which is what he agreed to in order to cancel the hearing, and said that the hearing was going to remain scheduled. The Ex didn't reply.
I know that I shouldn't be, but I'm honestly surprised that The Ex allows her arrogance to turn her into an imbecile of this proportion. I've bounced this around in my head and there are a few ways that this can turn out.
The very worst thing that could happen for us would be that we go to court and they deny Husband's motion for service fees. The best thing that could happen for us would be that everything we requested was granted and then we'd just have to wait no less than 30 days to get paid in full.
The very best thing that could happen for The Ex would be that she takes an entire day off of work, drives all the way down to the courthouse, and the court rules that she doesn't have to reimburse Husband for service fees. Considering that she's going to lose about 8 hours of pay, all she'd be doing is breaking even without taking into consideration the fuel cost and lost time spent driving back and forth. On the other hand, the very worst thing that could happen for The Ex would be everything I outlined in her best-case scenario, in addition to the court finding her in contempt AND ordering her to pay service fees.
I don't think that The Ex realizes that we have nothing to lose by going to court; she's the one who ought to be worried and not playing games at this point.
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