• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Property Settlement Judgemnt Ignored

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

bcgant

Junior Member
What is the name of your state (only U.S. law)? LA, In the property settlement my x-wife received a mortgage and I received a mortgage. Each had to refinance to remove each party from the mortgage is a set amount of time. I refinanced but she has not and now paying the note late which is afffecting my credit. What can I do? Can I sue her and garnish her wages?

My credit is taking a big hit!!
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? LA, In the property settlement my x-wife received a mortgage and I received a mortgage. Each had to refinance to remove each party from the mortgage is a set amount of time. I refinanced but she has not and now paying the note late which is afffecting my credit. What can I do? Can I sue her and garnish her wages?

My credit is taking a big hit!!
Is she able to qualify for enough of a mortgage to refi the property? My guess is no, since she is late on payments. Your court order cannot force a lender to give her a loan.

Your only other option would be to take it back to court and get the judge to order that the property be sold.
 

bcgant

Junior Member
Property settlement judgement ignored

The Judge orders her to sell, great! It would be easier for her to not sell and say she is trying but no buyers. I am still holding the bag on late loan payments. She has a renter so she is getting paid and my credit is crap. Can she be forced to pay the loan on time or garnish her wages to ensure it is? This person wants to hurt me anyway possible as long as she can.

Go ahead and say it, I AM SCREWED!!
 

LdiJ

Senior Member
The Judge orders her to sell, great! It would be easier for her to not sell and say she is trying but no buyers. I am still holding the bag on late loan payments. She has a renter so she is getting paid and my credit is crap. Can she be forced to pay the loan on time or garnish her wages to ensure it is? This person wants to hurt me anyway possible as long as she can.

Go ahead and say it, I AM SCREWED!!
Well, you could bring the mortgage current yourself. That would be one way to protect your credit.

No, her wages cannot be garnished. However it might be possible to get the judge to order that the rent payments are re-directed to you, so that you can ensure that the mortgage is paid. There is no guarantee that a judge would order that, but its not completely outside of the realm of possibility.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top