enforcing divorce decree

texas...i need to know what i can/should do, legally, to enforce decisions made in my divorce decree. specifically, my ex has not paid my travel trailer note for the past 2 months and another note is due in about a week. i'm worried about the debtor wanting to re-take possession of trailer. also, my name is on the original debt. is there any way to keep this from affecting my credit? thank-you

[sroutlaw]

You need to do the following quickly -
File and Order to Show Cause, with an attorney if you can afford it at all
Have the ex served with the court date
go to court with all the relevant papers

keep the creditors informed on what is happening

be aware that yes, your credit will suffer and yes the stuff can get repo'd

Currently your ex is in contempt of court, and depending on the judge he can get a slap on the wrist, be forced to pay the debt before leaving the court house, or go to jail. Don't know which you will get.

But as an FYI the agreements you make to debt are between you (and all parties named) and the creditor; your divorce decree is not binding on them but rather on you and ex. Your main beef is with him, through the court.

Get the Show Cause going. This is likely a long battle ahead.

thank you for replying.
When you stated "with an attorney if you can afford it at all", is there a way for me to do this without having to hire an attorney?
I have already paid for the divorce by myself and I am in no position to find money for attorney fees at this time. The trailer note is 3 months past due already and I found out about 1 week ago that he is leaving the state for a job very soon if not already. However, he stated he will be back during holidays. He still has his house to tend to in whatever way he plans to.
Please tell me I can file whatever papers I need to without an attorney.
Thank you in advance for your immediate reply.
Teri Wentz

[sroutlaw]

Certainly you can file ANY papers you need in the courts of our country on your own; that is your right as a citizen to represent yourself (this you will hear referred to as "pro se" in court). You need to find a Motion/Order to Show Cause and get a court date. Then have him served legally and wait. These proceedings are common and fairly simple as legal stuff goes, he will have to show why he has failed to do what the court ordered and you will just have to prove that he has failed in his court ordered duties. The judge will either slap him on the wrist, hit him with a fine, make him pay the amount (or garnish it) immediately, or, in the extreme case, send him to prison.

Best luck - don't be nervous! The courts ARE there for you, even if it doesn't seem that way. It is easier to navigate them with an attorney who knows the local system, etc, but you CAN do this!

okay...I went to the attorney that handled my divorce...Whom I am not fond of...and he pretty much told me that ex is only a few payments behind and if I want to sue him, I can but I should just go ahead and pay the note, sue him and get my money back whenever...! I don't like the sound of that. I mentioned to him about the Motion/Order to Show Cause and he said that that is not what I need to do...pretty much shot down the idea. Where do I get the proper forms to file? Library?
Thank you for all your help.
madison21

Where do I find a Motion/Order to Show Cause? At the library or a book store? I am afraid I may be too late to do anything but sell the trailer. I was informed that they won't take any partial payments at all. They are calling in the note IN FULL. I do know one thing...if I have to sell the trailer, I am still going to sue him and get back the amount I will have to pay to pay it off.
Please reply about where to find forms.
Thank you,
Madison21

SHOULD be available at the clerk of courts office, at your courthouse.

Thank You...ALL