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Judgement was filed, ex did not pay up...what's next?

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frustratedkelly

Junior Member
What is the name of your state (only U.S. law)? California

I am really hoping that someone can help me! I used an attorney to file for default in my divorce. They wrote a solid divorce decree, and my divorce is final, but my ex did not fulfill any part of the judgement with in the 30 day period. I have already spent $8000 on the attorney, and I have not seen 1 penny back from my ex. My attorney said that we now need to file an "ex parte motion" so that the clerk of the court can sign over the tax refund checks to me. I can not afford to pay the lawyer any more money. Can someone please tell me where I can find the specific ex parte motion that I need to file? Also, I need to learn what I need to take to the sherriff in order to levy his bank account. He also stole the ring from me, and is supposed to give it back to me, but he will not. Not sure if the ring is a lost cause...

Any advice or knowledge would be extremely helpful!
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? California

I am really hoping that someone can help me! I used an attorney to file for default in my divorce. They wrote a solid divorce decree, and my divorce is final, but my ex did not fulfill any part of the judgement with in the 30 day period. I have already spent $8000 on the attorney, and I have not seen 1 penny back from my ex. My attorney said that we now need to file an "ex parte motion" so that the clerk of the court can sign over the tax refund checks to me. I can not afford to pay the lawyer any more money. Can someone please tell me where I can find the specific ex parte motion that I need to file? Also, I need to learn what I need to take to the sherriff in order to levy his bank account. He also stole the ring from me, and is supposed to give it back to me, but he will not. Not sure if the ring is a lost cause...

Any advice or knowledge would be extremely helpful!
Filing an ex parte order isn't a big deal, so it won't cost you much to have the attorney do it. Plus, you can request that your ex pay your legal expenses, anyway.

I'm not a fan of DIY lawyering any more than DIY dentistry or heart surgery. If you have to ask where to find a motion, then you shouldn't be doing it yourself. There are SOME people who can do it themselves, but they'd be researching on the court site to learn the specific procedure in their state and downloading the appropriate forms rather than asking wide-open questions.
 

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