Question on contempt

[SteveJH]

What is the name of your state (only U.S. law)? CA

My girlfriend's ex-husband agreed to take possession of and make all future loan payments for a toy hauler they bought during the course of their marriage. This was an uncontested dissolution and this agreement was made part of the judgment. Unfortunately due to his subpar credit the loan was written in her name only. Every month he has failed to make the payments on time and often causes ten dollar late fees to be charged on the loan. My girlfriend has so far paid these late fees as she does not want to deal with him over such a small amount of money (he is highly uncooperative). The loan is now 20 days past due and he has not responded to a letter inquiring as to when the payment will be made. If it is not made by the 30 day mark and she is forced to pay to preserve her credit rating what is the best method to recover the money? Would an OSC Re: contempt be beneficial? I know he cannot do jail time or community service over a debt so what type of order would the judge make? Are there any other solutions? Thank you all very much for your time.

 

[LdiJ]

What is the name of your state (only U.S. law)? CA

My girlfriend's ex-husband agreed to take possession of and make all future loan payments for a toy hauler they bought during the course of their marriage. This was an uncontested dissolution and this agreement was made part of the judgment. Unfortunately due to his subpar credit the loan was written in her name only. Every month he has failed to make the payments on time and often causes ten dollar late fees to be charged on the loan. My girlfriend has so far paid these late fees as she does not want to deal with him over such a small amount of money (he is highly uncooperative). The loan is now 20 days past due and he has not responded to a letter inquiring as to when the payment will be made. If it is not made by the 30 day mark and she is forced to pay to preserve her credit rating what is the best method to recover the money? Would an OSC Re: contempt be beneficial? I know he cannot do jail time or community service over a debt so what type of order would the judge make? Are there any other solutions? Thank you all very much for your time.

Contempt is the proper action.

 

[Ohiogal]

What is the name of your state (only U.S. law)? CA

My girlfriend's ex-husband agreed to take possession of and make all future loan payments for a toy hauler they bought during the course of their marriage. This was an uncontested dissolution and this agreement was made part of the judgment. Unfortunately due to his subpar credit the loan was written in her name only. Every month he has failed to make the payments on time and often causes ten dollar late fees to be charged on the loan. My girlfriend has so far paid these late fees as she does not want to deal with him over such a small amount of money (he is highly uncooperative). The loan is now 20 days past due and he has not responded to a letter inquiring as to when the payment will be made. If it is not made by the 30 day mark and she is forced to pay to preserve her credit rating what is the best method to recover the money? Would an OSC Re: contempt be beneficial? I know he cannot do jail time or community service over a debt so what type of order would the judge make? Are there any other solutions? Thank you all very much for your time.

Your girlfriend is bound by the loan agreement she has signed. IN order for her to be free, her ex has to refinance with the credit. He will be able to pay it BUT he can be found in contempt IF she files a motion to show cause and asks the court for an order finding him in contempt due to the fact that he has not paid according to the court order. She is bound by the original bank loan agreement.

 

[SteveJH]

Thanks for the replies so far. Since he cannot be punished with jail time or community service for a debt issue, what would the judge likely order?

 

[Ohiogal]

Thanks for the replies so far. Since he cannot be punished with jail time or community service for a debt issue, what would the judge likely order?

Why do you say he cannot be punished with jail time for failing to follow the court's order?

 

[SteveJH]

I was under the impression that since "debtor prisons" were outlawed he could not be punished criminally for failing to repay the debt even though it is part of a court order. Does the fact that it is a court order override this?

 

[cyjeff]

Court orders are just that.... orders.

Not suggestions or guidelines. Judges expect their orders to be followed and, if not, have a great deal of latitude in getting people to follow their orders.... up to and including jail.

 

[SteveJH]

Thank you everybody for your assistance in this matter.

 

[seniorjudge]

Q: I was under the impression that since "debtor prisons" were outlawed he could not be punished criminally for failing to repay the debt even though it is part of a court order. Does the fact that it is a court order override this?

A: Yes; you'd be thrown into jail for disobeying a court order which you could've followed and NOT for being in debt.