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My ex refuses to pay me the property settlement award in a divorce judgement. How can I collect? This is many years old
Anonymous3 views3 answers
What kind of an attorney do I need? He is a slippery fellow and maintains he paid. He cannot show proof of payment and of course I have never received any money from him.
What kind of an issue is this, real estate, divorce, collection etc?
Since the judgment is entered in family court, it is a family court issue and should be addressed with a family law attorney. A mere judgment can only garnish 25% of wages and gets in line behind anyone else that is currently garnishing. A property settlement award is likely to be considered a domestic support obligation or can be turned into one if asked. A domestic support obligation can garnish 50% of wages and goes straight to the front of the line. Also, a mere judgment can not place the guy in jail, while a family law judge can and will find him to be in contempt and incarcerate him if he willingly refused to pay.
If your property settlement award is contained in a final divorce decree or judgment, you need an attorney who practices collection law. Collection actions can be done, such as wage garnishment, bank levies, property seizure, etc. Because you state that the matter is "many years old," you should contact a good collection lawyer right away, to determine whether your divorce decree or judgment is still valid (due to its age). The Holcomb Law Firm handles such collections.
Your divorce attorney or another family law attorney should be hired to pursue this action. Your husband will be ordered to show cause why it hasn't been paid. If he contends it was paid then you will probably look at litigation in the future.Good luck.
