Obtaining items from Settlement agreement

[tcofer]

What is the name of your state (only U.S. law)? ks
Can I file a Levy of execution with the sheriff to enforce my settlement agreement and obtain the items that my ex-husband is refusing to reliquish?
I have tried to have officers go with me to obtain my items but they keep telling me it is a "civil matter" and that they can not get involved.
What good is a court ordered document if it can't be inforced?
Teresa

 

[mistoffolees]

What is the name of your state (only U.S. law)? ks
Can I file a Levy of execution with the sheriff to enforce my settlement agreement and obtain the items that my ex-husband is refusing to reliquish?
I have tried to have officers go with me to obtain my items but they keep telling me it is a "civil matter" and that they can not get involved.
What good is a court ordered document if it can't be inforced?
Teresa

I the police already told you the answer, why are you asking here if it's possible?

Your next step is to get a court order finding the ex in contempt. Once you have a court order finding him in contempt, THEN you can enforce it.

 

[tcofer]

in appeal

The CITY police told me they won't help with a civil matter. I was told by a friend (that is an attorney in MO) that a Levy of execution goes through the sheriffs office and would be an option, but he wasn't sure since it was in Kansas and not MO.
My attorney won't file contempt charges because my ex has filed an appeal. The attorney said the judge won't do anything until the appeal if finished.
My problem is I have a farm and I need the tractor that he is holding to get a crop in the ground. Very frustrating.
Thank you for your help.

 

[LdiJ]

The CITY police told me they won't help with a civil matter. I was told by a friend (that is an attorney in MO) that a Levy of execution goes through the sheriffs office and would be an option, but he wasn't sure since it was in Kansas and not MO.
My attorney won't file contempt charges because my ex has filed an appeal. The attorney said the judge won't do anything until the appeal if finished.
My problem is I have a farm and I need the tractor that he is holding to get a crop in the ground. Very frustrating.
Thank you for your help.

Where exactly is the tractor? Any chance you could just go and take it?

 

[tcofer]

answer

We tried that. We did manage to get the city police to with us once, but they now say they can't.
Anyway, we attempted to get the tractor but he's got a fence around it and it is locked under lock and key. At that time the police told me that it would be trespassing and destruction of private property to cut the lock and take it.

 

[mistoffolees]

We tried that. We did manage to get the city police to with us once, but they now say they can't.
Anyway, we attempted to get the tractor but he's got a fence around it and it is locked under lock and key. At that time the police told me that it would be trespassing and destruction of private property to cut the lock and take it.

Then you'll just need to go to court to get a contempt order.

 

[tiggerrick]

Why not RENT a tractor for what you need, and then charge your ex for the rental fee when you go to court. If the judge finds that your ex kept the tractor away from you unlawfully, then you are will be entitled to a refund of the money you spent(must be reasonable based on rentals in the area.) If they find that the tractor is his, your crops will be in the ground anyway and it would have been your cost to bear regardless.

 

[mistoffolees]

Why not RENT a tractor for what you need, and then charge your ex for the rental fee when you go to court. If the judge finds that your ex kept the tractor away from you unlawfully, then you are will be entitled to a refund of the money you spent(must be reasonable based on rentals in the area.) If they find that the tractor is his, your crops will be in the ground anyway and it would have been your cost to bear regardless.

Make sure you take a picture of the tractor being inside a locked fence to show that it was unaccessible to you.