collection of money due from divorce

What is the name of your state? california
I am recently divorced. I showed up at court with all my paperwork and my ex didn't show. the final judgement went in my favor by default. now how do i go about collecting money he owes me for a loan we took out together which i have been paying on? i was also awarded half of his 401k money so whats my next step toward collecting at least the money for the loan?

[karma1]

are you in So. Cal, by any chance? just curious....

no i am in northern ca

[I AM ALWAYS LIABLE]

My response:

Oh my goodness!

You have a long way to go on many of your "next" steps.

You need to have the court orders converted to a "judgment" and then you need to file your Writ of Execution papers. Then, you need to prepare a QDRO and have it served on the Trustee of the 401K. And, this is just a quick overview - - just enough to give you a "flavor" of what's ahead of you.

My gosh, you've still got a long, long, way to go my dear.

I would suggest, that since you are apparently doing this on your own, that you go to your nearest Barnes & Noble and look through their Legal Section for a good book or two that can help guide you.

Good luck. You're going to need it.

IAAL

Thank you so much for that information! I was lost. I do have the "final judgement" so I guess my next step is the Writ of Execution? How much time are we looking at? Would it be easier or faster if I had a lawyer? What if my ex has closed his 401K account? is he still liable?

[I AM ALWAYS LIABLE]

[quote]Originally posted by Melva


Thank you so much for that information! I was lost.

MY RESPONSE: You're welcome.



I do have the "final judgement" so I guess my next step is the Writ of Execution?

MY RESPONSE: Yes, along with an Abstract of Judgment.


How much time are we looking at?

MY RESPONSE: Lots.


Would it be easier or faster if I had a lawyer?

MY RESPONSE: Yes, it would be "easier" on you. Faster? That question is still being debated. The better question is, do you have the money to pay an attorney?


What if my ex has closed his 401K account? is he still liable?

MY RESPONSE: It won't matter - - and he's a dolt for thinking that he can keep the money by closing the Retirement Plan. A lot of spouses try this, and not only are they incorrect, but then they get "tagged" for all of the excess taxes because they're the one's who closed the Fund. That's an idiot.

Good luck to you.

IAAL

Thanks again. At least I have a starting point.