Sanctions = judgment?

[helpmeplease1]

What is the name of your state? CA

Hello,


I tried posting this question in the Divorce section, but did not receive any specific response (other than not to pursue this), so I'm giving it another shot.

During my recently finalized divorce case, my ex husband continued to refuse to submit court-ordered paperwork, appear for hearings, cooperate with his OWN lawyer, etc. Because of his behavior, I incurred considerable additional attorney expenses in what would normally be a simple divorce case (no children or any property whatsoever). My attorney requested sanctions against my husband in the amount of those additional expenses, and the judge granted those sanctions during two separate court hearings. The sanctions total ~$4300.

My questions are:

1) Do these sanctions constitute a judgment?

2) If not, what is the process to convert these into a judgment that I can pursue collections on?

3) Because I was being represented by attorney, is she the judgment creditor or am I the judgement creditor?

4) I was told that I might have to file a motion to get the court to clarify these questions for me, but I have no idea how to do that. Any advice?

My attorney is refusing to help me and I don't have any more money to spend on this. I am considering hiring a collections agency to help me, but am not sure if they take "sanction judgments."

I apologize for the long post and would appreciate any help I can get. Responses stating that the "judge was an idiot and a drunk" can be directed to the Santa Monica Family court. Thank you!!

M

[seniorjudge]

1) Do these sanctions constitute a judgment?
A: Yes.


2) If not, what is the process to convert these into a judgment that I can pursue collections on?


3) Because I was being represented by attorney, is she the judgment creditor or am I the judgement creditor?
A: It would depend on how the judgment is worded and whether your attorney has lien on any moneys collected.


4) I was told that I might have to file a motion to get the court to clarify these questions for me, but I have no idea how to do that. Any advice?
A: Dear Judge: Please clarify what you said here (see attached).


Q: My attorney is refusing to help me and I don't have any more money to spend on this. I am considering hiring a collections agency to help me, but am not sure if they take "sanction judgments."
A: Did you bother asking any collections agencies?

[JETX]

And now for a legally ACCURATE answer!!

Originally Posted by helpmeplease1

1) Do these sanctions constitute a judgment?

Not in themselves.... however, any final judgment should INCLUDE the sanctions in it. If these sanctions were awarded AFTER the judgment was rendered, then the court should issue an amended judgment including them.

If not, what is the process to convert these into a judgment that I can pursue collections on?

See above.

3) Because I was being represented by attorney, is she the judgment creditor or am I the judgement creditor?

You, the named plaintiff or movant is the judgment creditor.

4) I was told that I might have to file a motion to get the court to clarify these questions for me, but I have no idea how to do that. Any advice?

Yep... see above. Where is your attorney in all this??

[helpmeplease1]

Thank you both so much for the prompt and helpful answers! I will check on the exact wording in the hearing minutes and final judgment regarding the sanctions and get back to you.

Originally Posted by JETX

And now for a legally ACCURATE answer!!

Where is your attorney in all this??

Unfortunately, my attorney is not being helpful. I paid her a flat fee to handle my divorce. She was very willing to take the flat fee and warned me it will most likely turn out to my disadvantage because the divorce seemed to be so simple. Neither she nor I were counting on my ex husband being so difficult. In any case, I think she feels she had to put in too much work for the flat fee and now doesn't really communicate with me until it's absolutely necessary. I don't even have the final judgment papers because she is being extremely slow in forwarding them to me. She only informed me by email that the divorce is final.

I offered my attorney 30% of the judgment to collect it for me, because I believe that it will be a very simple process. I know where my ex-husband works (major university), his current address, and what his salary is, so wage garnishment should not be a problem (unless I am being naive). My attorney refused, saying that she will only execute on the judgment if she gets to keep all of the money minus court costs (~$600), which would go to me. I don't think this is fair.

I contacted several collection agencies and asked them the above questions, but none of the ones I contacted were familiar with sanction judgments. They only had information about small claims. Which is why I am on here...

Thank you so much again. I will post more info on the final judgment, and until then have a wonderful day!

[JETX]

[url]http://www.enforcemyjudgment.com/buildindex.php?state=California[/url]