I have a court order that my ex-wife is to pay me 8k. The court order determined a time frame in which she has failed to pay me. What can I do myself to collect without hiring another attorney? I've post this question already but I failed to mention the amount of the court order as I can see makes a difference on how to pursue this.
2006-10-31 09:01:13 · 8 answers · asked by renobulldogman 1 in Politics & Government ➔ Law & Ethics
It was on our taxes owed to the IRS. She said she didn't have the money so I paid it to keep from getting the IRS coming after me since the court required we file jointly and split the tax liability.
2006-11-02 06:44:08 · update #1
You need to file what is called a "motion to enforce"
2006-10-31 12:05:21 · answer #1 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
It is my understanding that most civil proceedings really don't need a lawyer if you do a little research yourself. Most likely you can go to the county courthouse (or whichever made the judgement) and file a notice stating that the court order was not fulfilled. Depending on how that court handles things, this can result in anything from a court officer making a phone call, to a bench warrant being filed for her for contempt.
Honestly though, the paperwork on this kind of thing is what the lawyer(s) are needed for... which sucks. A lot of the legal issues surrounding civil actions can be complicated.
Good luck though...
2006-10-31 09:08:14 · answer #2 · answered by rainsinger 3 · 0⤊ 1⤋
Most clerks of courts have available pro se packets for different things; in our court, one of those is an income withholding order. You pick up the docs, fill them out, and when the judge signs the order, the clerk will issue it to her employer. The judge may put a restriction on how much (%) of her pay may be taken per month; once you have an income withholding ORDER, you can issue it to a new employer, too, if she gets a new job. Your local clerk of court should be able to give you more details on how it works in your county.
2006-10-31 09:07:12 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You didn't say what she owed you for , if it is child support, go to family and children's services they will help, if it is for something else you need to go to the superior court clerk and get a fifa, take the fifa to the county sheriff and have him go to her home or ? and confiscate any and every thing she owns until it is enough to pay the full amount, cars , furniture , bank acc,ts or ???
2006-10-31 09:09:19 · answer #4 · answered by jim ex marine offi, 3 · 0⤊ 0⤋
if the judgement is against your exwife, your local sheriff should place liens against objects of value she may have. You should have reported this to the court as soon as the judgement was rendered. She is your judgement debtor. You should tell the judge who gave the judgement and have the sherriff follow proceedures for judgent default.
2006-10-31 09:06:15 · answer #5 · answered by stick man 6 · 0⤊ 0⤋
If you are looking for a cost effective way to get access to your Legal Rights, please contact me. I have an option you might want to consider. This will protect you and get you access to an Attorney 24/7!
2006-10-31 10:20:39 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I definitely suggest you hit the courthouse or local government offices. They can help you. You may also be able to report it to the police, but start with the local government offices.
2006-10-31 09:14:44 · answer #7 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋
What about asking for an income execution. They will take money out of her pay every week until the debt is payed.
2006-10-31 09:04:02 · answer #8 · answered by gitsliveon24 5 · 1⤊ 0⤋