Legal Question in Family Law in California

Need Help Collecting Judgement Issued in Divorce Proceding - Spouse will not pay

I was divorced in Nov. 2001 and part of the divorce papers indicates that my former husband was to pay a debt. incurred during our marriage. I have tried to collect but have not received any payment from him in more than a year. This is damaging my credit and also making it very difficult for me to stay afloat. The debt in on a credit card that was in my name. We have tried to transfer the account to him but due to his poor credit history, the credit card company refused. My previous lawyer told him to get a loan or something but he has not done anything. It was recommended to me that I file a Writ of Execution. I need guidance. Thanks!

Asked on 7/29/03, 4:21 pm

3 Answers from Attorneys

Dieter Zacher Law Offices of Dieter Zacher
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Re: Need Help Collecting Judgement Issued in Divorce Proceding - Spouse will not

It sounds like what you need to do is file an OSC: re Enforcement of Marital Dissolution Judgment with the Family Law Court. The Judge that ordered him to pay the debt has to next order enforcement. If that does not work, you can try to enforce it by contempt (you would have to show that he wilfully disobeyed a court order). You should hire an attorney for this.

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7/29/03, 5:08 pm
Patrick McCrary Law Office Of Patrick L. McCrary
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Re: Need Help Collecting Judgement Issued in Divorce Proceding - Spouse will not

You will probably need to file an OSC to set the actual amount that he owes (because of interest, etc.) When that amount is established at a set amount you can then obtain the writ of execution. Good Luck, Pat McCrary

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7/30/03, 2:04 pm
E. Daniel Bors Jr. Attorney & Counselor At Law
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Re: Need Help Collecting Judgement Issued in Divorce Proceding - Spouse will not

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Contact an experienced Family Law attorney for specific advice and possible representation on your behalf. You need to set an Order to Show Cause to determine how much is owed (including 10% interest!!), obtain a writ of execution, and then (if he is employed) a wage assignment order to garnishee his wages in a monthly amount equal to or greater than the credit card payments; or you may be able to go after his assets (lien his house, etc) if he has any.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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7/30/03, 2:31 pm

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