Collecting a Family Law Money Judgement

Have you been able to secure a family law judgment against your ex-spouse or domestic partner? You’re probably wondering if the court can assist you recover the money if he or she hasn’t paid you what you’re owed. After all, it was the court that handed down the decision. Unfortunately, the court will be unable to assist you. You must collect the funds on your own.

“When do you think I’ll be able to start collecting the money?” You can start collecting the money from the judgment if the following conditions are met: 1) The court issued the judgment, and 2) there is no “stay” in place owing to a bankruptcy case, an appeal, or another legal action.

“Stay” is the term that indicates a postponement or suspension on a judgement.

How Will I Be Able to Collect?

You can begin taking the following actions as soon as your circumstance qualifies for collection:

• Supply your former spouse (or domestic partner) with your preferred mailing address for receiving your compensation.
• Examine your payment alternatives: You can agree to take regular installments, such as bi-weekly or monthly payments, or you can accept less than the whole amount of the judgment. Be aware that if you agree to accept less than the debtor owes you, you are giving up your right to collect the remaining sum.
• If your former spouse or domestic partner fails to pay you by the court-ordered deadline, write him or her a letter and include a copy of the court order, warning them that if they do not pay, you will pursue more serious measures.
• It will be complicated and tough if your former spouse refuses to pay you. Speak with an attorney as soon as possible.

To Collect, Only Use Legal Methods.

Refrain from adopting non-traditional or even criminal means to collect money owed to you by your former husband or domestic partner, no matter how tempting it may be. The individual who owes you money (your former spouse/partner – the debtor) may be shielded from abusive or unreasonable tactics to collect the debt, according to the California Courts.

Do not seek to collect the debt in any of the following ways:

• To collect your ex’s debt, tell a lie.
• If your ex does not pay up, threaten to harm them.
• Refuse to allow your ex to visit your children until they pay you.
• To collect the debt, make false representations.
• Harass your ex-spouse or domestic partner, for example.
• Request that your former spouse or domestic partner be harassed by someone else.
• Inform your ex’s employer about the debt, or inform others (unless you have earnings withholding order issued by the court),
• Post about your ex’s debt on social networking sites like Facebook.
• Contact your ex about the debt before 8:00 a.m. or after 9:00 p.m., or at an inconvenient time and place.

Is it Possible to Persuade My Ex to Pay Voluntarily?

By drafting a letter, assisting the debtor in finding ways to pay the judgment, being more flexible with payment arrangements, or taking monthly payments, you may be able to persuade your former husband or domestic partner to pay you voluntarily.

Send Them a Letter: You can start by drafting a letter to your former husband or partner, explaining why paying the judgment sooner rather than later is in their best interests. You can clarify in your letter that if they do not pay the judgment, you can seek a wage garnishment against them, as well as their new husband or domestic partner. You can also inform them that a levy on their bank account and a lien on their real or personal property, such as their home or land, are options.

Partner With the Debtor to Find a Solution: A debtor may desire to pay the judgment, but they just do not have the funds to do so. If this is the case, you can assist your former spouse or partner in obtaining the funds necessary to satisfy the judgment. You can persuade him or her to use an income asset refund, obtain a personal loan, hold a garage sale, sell personal items on Craigslist, eBay, or Facebook Marketplace, borrow against their 401(k), or obtain a cash advance from a credit card.

Be Flexible With Payment Options: Maybe all your ex needs is a little wiggle room from you. You can agree to take the money owed in installments if you believe that accepting payments is preferable than waiting eternally. Send the debtor a note describing how they can pay the judgment in installments if you’re ready to explore this alternative. Include the payment, as well as any relevant interest and charges, in the letter.

What If My Ex-Husband or Wife Refuses to Pay?

Regrettably, this occurs regularly. Someone will go to court and obtain a judgment against their former spouse or partner, but the debtor will refuse to pay or will claim that they cannot afford to pay what they owe. If you have attempted to resolve your dispute amicably but the debtor has failed to pay the judgment, you might seek legal assistance. This is the most suitable option.

Thankful, there are a variety of legal options available to assist you in obtaining the court-ordered sum owed to you, such as wage garnishment or a bank levy.

To get more information about collecting a family law money judgement, contact Spodek Law Group to speak with a highly skilled California divorce lawyer today.

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2021-03-12

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2021-03-03

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2021-03-02

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2021-02-26

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2021-02-24

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2021-02-24

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