n_and said:
"The fact is, DH could have attempted a "search " for her years ago, and didn't. That sets up certain "defenses" for her; i.e., the Statute of Limitations on enforcing a judgment, and "Laches". In other words, your DH "sat on his hands" (that's the layperson's phrase for, "He failed to enforce his rights in a timely manner")."
IAAL,
Question for you. I have always thought it was a courts responsibility to find a missing person, or at least try. So by what you are saying (and you know I respect everything you say[as long as it's not derogatory twords me!
]) it is a parent's responsibility? A parent can even be held liable for not searching sooner?
What are "Laches"? Is that a time limit?
My response:
N_and, the courts do not "search for people" - - that's not the function of courts. It's function is to resolve legal issues. Once a person receives a court judgment, it is up to that person to enforce the judgment through various means, and that includes finding the debtor first, if that judgment-debtor has skipped.
Laches is an "equitable" defense to a "stale" action. In the law, everything must end, and have an eventual conclusion. In other words, you can't keep someone "on the hook" for the rest of their lives. A judgment creditor cannot allow a claim to "go stale", and must be proactive to conclude their own case. In other words, you, as a judgment creditor, cannot "sit on your hands" for years, without attempting to conclude your action, and then hope the court, some years down the line, will assist you in that effort. No, that's not going to happen. Every person, at some point, has a right to live their lives, and be free and clear of certain things happening to them.
Therefore, since DH failed to enforce his rights, and allowed so many years to pass without enforcing and concluding his rights to obtain his money, then the "Laches" defense says that it would be "fundamentallly unfair" to collect a judgment now - that the judgment debtor should be free from this "guillotine" hanging over her head.
The DH in this story had the means to hire an investigator, locate the judgment debtor, and to file enforcement pleadings with the court; e.g., Contempt of Court. So, in effect, yes, Laches is a "fairness" time limit. Everything in the law must come to an end.
But, the DH didn't enforce his rights soon enough.
IAAL
