What can I do to get the petition paid for a judgement against my ex wife? 16 Answers as of December 27, 2011

I have a judgement against my ex-wife for $35000. This debt is almost 4 years old. Her attorney will not respond to my attorney.

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Marca Tanner Attorney at Law | Marca Tanner
You'll need to start a collection action. This is a separate court case to force the debtor to pay on a debt, or in the alternative identify assets that can be seized from the debtor to satisfy the judgment. Contact your attorney about filing this with the court. If opposing counsel will not respond, the court can still enter orders and require your ex to appear in court. Failure to appear could result in a bench warrant being issued against your ex.
Answer Applies to: Utah
Replied: 12/27/2011
Steven Harrell, Attorney at Law | Waymon Steven Harrell
You can have your attorney garnish her wages, or serve post judgment discovery motions on her to ascertain her assets such as back accounts that could be garmished.
Answer Applies to: Georgia
Replied: 12/19/2011
ROWE LAW FIRM
ROWE LAW FIRM | Jeffrey S. Wittenbrink
You should find an attorney that will do collections work for you. Depending on the type of judgment, your ex-wife may have her wages garnished, and have property seized to satisfy the judgment. There are rules and exemptions regarding the property you may seize, and the way you may collect the judgment. You need to see an attorney, with your judgment in hand, and get personal advice regarding the ability to legally collect the funds under the judgment. Her attorney may never call your attorney-but that is not the way to get a judgment collected.
Answer Applies to: Louisiana
Replied: 12/19/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
You have a lawyer, you need to ask him/her or get a new lawyer. It is unethical for any lawyer to get between you and your lawyer by second guessing and giving you advice that may or may not fit within the circumstances.
Answer Applies to: Texas
Replied: 12/19/2011
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
Have your attorney file a motion for contempt.
Answer Applies to: Wisconsin
Replied: 12/19/2011
The Law Office of Kem Eyo, LLC
The Law Office of Kem Eyo, LLC | Kem Eyo
The attorney that represented your ex-wife during the proceeding where the judgment was issued may not represent her any longer. Though the proper reaction would be to inform your attorney if there is no longer a relationship, this may be the reason that there has been no response. Since you have an attorney, your question should be posed to him/her.
Answer Applies to: Georgia
Replied: 12/19/2011
H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
Has the debt ever been recorded? The first step after a judgment should always be to record a writ of fieri facias (also known as a "fi fa") in the county where the debtor resides. After that is done, you can have the sheriff attempt to seize assets of the debtor to satisfy the debt. The "fi fa" will also act as a lien against any real estate in the county owned by the debtor where it is recorded. If the debtor owns land in more than one county, multiple fi fa writs can be recorded.
Answer Applies to: Georgia
Replied: 12/19/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
Execute on the judgment. Garnish her wages or bank accounts. Sieze personal property.
Answer Applies to: Washington
Replied: 12/19/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Apply forand obtain a writ of execution and have it levied on your ex-wife's bank account or employment wages.Apply forand obtain an abstract of judgment, and have it recorded in any county in which your ex-wife owns real property. Make sure that you properly renew the Judgment beforeit is 10 years old. Have your attorney file for an ORAP (order for appearance of judgment debtor); at the ORAP hearing, your attorney can ask your ex-wife to identify all of her assets and where they are located, so that you can direct your collection efforts to her attachable assets, including cash in her purse at the ORAP hearing.
Answer Applies to: California
Replied: 12/19/2011
Law Office of William L Spern | William Spern
Schedule a creditor's exam of your ex-wife. Have her bring copies of all financial documents, tax return, bank books, jewelry, cars, deeds, etc. in her possession. Have her served with the creditor's examination subpoena and question her at the court hearing. You can also employ the services of an asset search company to id her assists. Then have the court officer attach all assists in Michigan.
Answer Applies to: Michigan
Replied: 12/19/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer depends on the nature of the Judgment. However, you always have Judgment creditor remedies which include garnishing wages and accounts until the amounts owing are paid.
    Answer Applies to: Minnesota
    Replied: 12/19/2011
    Walnut Creek Family Law Center, Inc. | Merritt L. Weisinger
    1. File an Abstract of Judgment. 2. If it is for support arrears, make a motion to the court to determine arrears and to order payment. 3. Obtain a writ of execution and execute on any bank accounts, earnings, vehicles or other assets. You can hire a firm to do an asset check for not too much money. 4. If the arrears are the result of payments ordered by the court such as support, you can file a Motion for Contempt. 5. File an Order for Examination of Judgment Debtor and make the debtor come to the court to answer questions about his or her employment and assets under penalty of perjury.
    Answer Applies to: California
    Replied: 12/19/2011
    Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
    If this is a debt from the divorce decree, which I assume from your question, you need to file a petition for enforcement. Be sure and ask for your attorneys' fees for having to bring the enforcement action. Unlike other family law cases, attorneys' fees are generally granted in an enforcement proceeding.
    Answer Applies to: Texas
    Replied: 12/16/2011
    Law Office of James Bordonaro
    Law Office of James Bordonaro | James Albert Bordonaro
    File a civil suit and then seek garnishment of her wages or file a motion for an order to show cause why she shouldn't be held in contempt assuming you know that she has the ability to pay.
    Answer Applies to: Kansas
    Replied: 12/16/2011
    Thomas Humphrey, Attorney at Law
    Thomas Humphrey, Attorney at Law | Thomas Humphrey
    You should execute upon the judgment. To do this, you need to apply to the court requesting it issue a writ of execution or a writ of garnishment. You should be advised that judgments expire after 5 years unless they are renewed by by motion to the court. Judgments can be renewed for another 5 years.
    Answer Applies to: Idaho
    Replied: 12/16/2011
    Anderson & Boback | Janice L Boback
    You file a Citation proceedings to determine what assets and income she has that you can take for payment - you will want to sell assets and/or garnish her wages to get paid.
    Answer Applies to: Illinois
    Replied: 12/16/2011
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