collecting sanctions in a divorce case

[helpmeplease1]

What is the name of your state? California, LA county, Santa Monica court

Hello,

During my divorce case, which was recently completed, the judge granted sanctions against my ex-husband in the total amount of $4300. Sanctions were granted because my ex refused to cooperate with divorce proceedings (failing to produce documents, not appearing for hearings, etc). The only evidence of those judgments I have are minute orders of the hearings I obtained from the court. I was being represented by an attorney during the divorce, but now she does not want to participate in collecting these sanctions. I have information about my ex's address, place of employment, etc, so my understanding is that collecting the judgment through wage garnishment would be relatively simple. However, I have a few questions that I would greatly appreciate if anyone could help me with:

1) Because I was being represented by an attorney, is she the official "judgment creditor" for these sanctions, even now that the divorce case has been finalized?

2) If she is indeed the judgment creditor and I file a "Substitution of Attorney" form in which I state I will be representing myself from now on, do the sanctions revert into my name?

3) If #2 is not enough, what other recourse do I have to transfer the judgment into my name so I can begin collecting?

I will be very grateful if someone could help me with these issues. Thank you for reading and good luck with everything!!

 

[Bali Hai]

What is the name of your state? California, LA county, Santa Monica court

Hello,

During my divorce case, which was recently completed, the judge granted sanctions against my ex-husband in the total amount of $4300. Sanctions were granted because my ex refused to cooperate with divorce proceedings (failing to produce documents, not appearing for hearings, etc). The only evidence of those judgments I have are minute orders of the hearings I obtained from the court. I was being represented by an attorney during the divorce, but now she does not want to participate in collecting these sanctions. I have information about my ex's address, place of employment, etc, so my understanding is that collecting the judgment through wage garnishment would be relatively simple. However, I have a few questions that I would greatly appreciate if anyone could help me with:

1) Because I was being represented by an attorney, is she the official "judgment creditor" for these sanctions, even now that the divorce case has been finalized?

2) If she is indeed the judgment creditor and I file a "Substitution of Attorney" form in which I state I will be representing myself from now on, do the sanctions revert into my name?

3) If #2 is not enough, what other recourse do I have to transfer the judgment into my name so I can begin collecting?

I will be very grateful if someone could help me with these issues. Thank you for reading and good luck with everything!!

The court sanctions are BS, get on with your pitiful life.

 

[helpmeplease1]

The court sanctions are BS, get on with your pitiful life.

I would appreciate only respectful replies to my post. Thank you!


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Some additional information: the sanctions were awarded for attorney fees I incurred as a result of additional hearings/motions my attorney had to file due to my ex not cooperating with court orders.

 

[LdiJ]

I would appreciate only respectful replies to my post. Thank you!


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Some additional information: the sanctions were awarded for attorney fees I incurred as a result of additional hearings/motions my attorney had to file due to my ex not cooperating with court orders.

You have to ignor Bali to a great extent.....and I am not willing to go on to explain why any longer.

However...the reality of things is that its tougher than nails to collect from someone who is determined not to pay....and sometimes the cost of trying to collect is greated than the end result.

 

[helpmeplease1]

You have to ignor Bali to a great extent.....and I am not willing to go on to explain why any longer.

However...the reality of things is that its tougher than nails to collect from someone who is determined not to pay....and sometimes the cost of trying to collect is greated than the end result.

Thanks LdiJ. Maybe I am incredibly naive, but why would it be difficult to collect? Since I know where he works and how much he makes, can't I just have the court garnish his wages (at least 25% of what's over min wage)? I was planning to file a Writ of Execution and an Application for Earnings Withholding Order. The only problem I foresee is the issue of my attorney being on the court orders, for which I need some advice.

Best wishes...

 

[BelizeBreeze]

Thanks LdiJ. Maybe I am incredibly naive, but why would it be difficult to collect? Since I know where he works and how much he makes, can't I just have the court garnish his wages (at least 25% of what's over min wage)? I was planning to file a Writ of Execution and an Application for Earnings Withholding Order. The only problem I foresee is the issue of my attorney being on the court orders, for which I need some advice.

Best wishes...

The sanctions are the same as a money award if they are payable to you. The first thing you need to do is get a transcript of the trial to see exactly how they were levied and perhaps a Motion to clarify asking the court to whom payable if not outlined in the transcript.

Once you understand the process and if they are awardable to you, then you can proceed to ask the court to reduce them to a money judgement and proceed to collection, either hiring a recovery specialist or by filing for a lien against property or any of the other ways to collect a judgement.

 

[helpmeplease1]

The sanctions are the same as a money award if they are payable to you. The first thing you need to do is get a transcript of the trial to see exactly how they were levied and perhaps a Motion to clarify asking the court to whom payable if not outlined in the transcript.

I have obtained the minute orders from the hearings. The reference to sanctions is something like "Sanctions in the amount of $XXXX.XX for attorney's fees were granted." It does not state to whom the sanctions are payable, and both my name and my attorney's name are on the paperwork.
Once you understand the process and if they are awardable to you, then you can proceed to ask the court to reduce them to a money judgement and proceed to collection, either hiring a recovery specialist or by filing for a lien against property or any of the other ways to collect a judgement.

My understanding was that the sanctions already are a money judgment (otherwise, why is there an amount?), but I of course could be mistaken. Do you think it would be worth it to just file a Writ of Execution with my name and the minute orders attached and hope for the best?

I really appreciate any input on this, particularly if you have experience with California courts.

 

[Bali Hai]

My understanding was that the sanctions already are a money judgment (otherwise, why is there an amount?), but I of course could be mistaken. Do you think it would be worth it to just file a Writ of Execution with my name and the minute orders attached and hope for the best?

I really appreciate any input on this, particularly if you have experience with California courts.

You have been given legal advice and it's now up to you.

Cover your bases and consider the possibility that the judge was drunk when these idiotic sanctions were ordered.