Back in April of 2003, my final divorce decree stated that my x-husband owed me a total of $5800.00. He paid 2400.00 of it these past two years, but has stopped paying. He claims he doesn't have any money to pay me. I spoke with my attorney and she advised me take it to small claims court so I wouldn't have to owe attorney fees.
Is there a statueof limitations on how long I can wait before taking him back to court. Is there a time limit that I have to have this done by?
2007-11-14 10:11:47 · 5 answers · asked by ♥STREAKER♥©℗† 7 in Politics & Government ➔ Law & Ethics
I'm in Texas
2007-11-14 10:27:20 · update #1
No statue. Might be a statute, depending on your location.
2007-11-14 10:17:42 · answer #1 · answered by gunplumber_462 7 · 0⤊ 1⤋
The statute of limitations depends on the State in which you live. It is frequently two years for general injuries and four in matters of contract. However, if this is a matter of a court order, as you indicated, he may be in contempt of that order in which general rules of equity would likely apply, i.e. did you wait an unreasonable time before exercising your claim. Talk to the judge's clerk about it. He/she may be able to help you without the necessity of incurring attorney fees. Moreover, if attorney fees are necessary to recover money the court has already ordered, the judge is likely to require your ex to pay whatever fees and costs you incurred enforcing the judgment.
2007-11-14 18:45:29 · answer #2 · answered by gloryntheflower 3 · 0⤊ 0⤋
There is NO statute of limitations on the debt because it is a judgement issued by the court.
File a motion to show cause for contempt and have the issue reduced to a money judgement. When that happens then the statute of limitations is 10 years with an allowable 10% interest on any unpaid amount.
2007-11-14 19:27:09 · answer #3 · answered by hexeliebe 6 · 0⤊ 0⤋
Since you're in Texas, it's four years from the date the debt became due.
At first glance that would mean that you're out of the SoL. But, any payment on a debt tolls the SoL.
That means that each month that he made a payment the SoL was pushed back by another month. When he stopped paying, it started running again. So you have four years from the date of the last payment.
Richard
2007-11-14 18:55:51 · answer #4 · answered by rickinnocal 7 · 1⤊ 1⤋
Yes, there is, but it depends on which state you are in.
2007-11-14 18:17:09 · answer #5 · answered by Anonymous · 0⤊ 1⤋