How do I collect?

What is the name of your state? CA
I received a judgement in court from my ex as part of our divorce settlement. How do I collect this if he doesn't pay. It is suppose to be due immediately but he say he will file bankruptcy. HELP

crafty lady said:

What is the name of your state? CA
I received a judgement in court from my ex as part of our divorce settlement. How do I collect this if he doesn't pay. It is suppose to be due immediately but he say he will file bankruptcy. HELP

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My response:

There's nothing you can do if he files for BK. Hey, but you may as well give it a shot to collect. That way, the BK will "put the hurt" on him for the next 9 years. He won't be able to buy a car (except for perhaps at a huge interest rate) and he can forget about renting, and so many other things. So, attempt to levy on his bank accounts, and maybe you'll get lucky.

IAAL

Nothing from nothing means...NOTHING

CA
Well he doesn't have a bank account, he owes back payments on our truck (if he can't bring it current in 10 more days court order him to return it to me) I collect child support-taken directly from his wages. He owes lots of small credit cards. Basically he walked out an left me with all the bills and no child support for our 2 yr. old. He hasn't filed taxes...the list goes on and on. On the plus side, he does work. How do I go about trying to collect the judgement? He verbally told me the bills are my problem!

crafty lady said:

CA

How do I go about trying to collect the judgement?

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My response:

You go to a book store; e.g., Barnes & Noble, and you buy a book on the subject. That's "how you go about collecting the judgment."

IAAL

How do I collect

Guess that means it is pretty hard to do.

Actually if you get an attorney you'll find that he'll have to pay for the attorney and cost of going back to court, since the judgement was already entered and it's his fault you have to go again. The only thing is whether he was given a certain amount of time to pay. And if he is not paying child support, do the same thing. It's a pain, but in the end you'll be glad you did. Send a message to the guy (in a court of law) that you're not just going to sit back and take it.

BTW, talk to your attorney to be sure, but I'm nearly certain that these kinds of judgements are exempt from bankruptcy. He'll still have to pay the judgement. I'm 100% sure child support is exempt from bankruptcy. So go get him.

oreilly72 said:

Actually if you get an attorney you'll find that he'll have to pay for the attorney and cost of going back to court, since the judgement was already entered and it's his fault you have to go again. The only thing is whether he was given a certain amount of time to pay. And if he is not paying child support, do the same thing. It's a pain, but in the end you'll be glad you did. Send a message to the guy (in a court of law) that you're not just going to sit back and take it.

BTW, talk to your attorney to be sure, but I'm nearly certain that these kinds of judgements are exempt from bankruptcy. He'll still have to pay the judgement. I'm 100% sure child support is exempt from bankruptcy. So go get him.

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My response:

You're right about the child support. But, you're wrong about the other debts in the judgment being exempt from Bankruptcy.

IAAL

Actually, I'm sorry to say I'm right. Please see http://www.californiabankruptcy.info/nondischarge.html

You'll find that "Debts you owe under a divorce decree or settlement" are not dischargeable under bankruptcy "unless after bankruptcy you would still not be able to afford to pay them or the benefit you'd receive by the discharge outweighs any detriment to your ex-spouse (who would have to pay them if you discharge them in bankruptcy). "

So, he would be in contempt of court by not paying, and can't get out of it by bankruptcy unless there's no way he could afford it, or unless discharging it would do insignificant damage to the ex in proportion to the benefit it would do him. That's pretty much it, right? Sorry, I don't mean to offend, I just want the lady to have a leg up on the situation. Divorce stinks. No sense making it... well... stinkier.

By the way
(to the original poster)
If you think he's going to get this bankruptcy, you need to have your attorney enter an injuction against him right away to prevent him from trying to discharge these debts... if he gets to the bankruptcy before you get the injunction, you may lose your shot. Call as soon as you can.

oreilly72 said:

Actually, I'm sorry to say I'm right. Please see http://www.californiabankruptcy.info/nondischarge.html

You'll find that "Debts you owe under a divorce decree or settlement" are not dischargeable under bankruptcy "unless after bankruptcy you would still not be able to afford to pay them or the benefit you'd receive by the discharge outweighs any detriment to your ex-spouse (who would have to pay them if you discharge them in bankruptcy). "

So, he would be in contempt of court by not paying, and can't get out of it by bankruptcy unless there's no way he could afford it, or unless discharging it would do insignificant damage to the ex in proportion to the benefit it would do him. That's pretty much it, right? Sorry, I don't mean to offend, I just want the lady to have a leg up on the situation. Divorce stinks. No sense making it... well... stinkier.

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My response:

Are you and I reading the same thread?

Lady, I know about that! However, did you read what our writer wrote?

"Well he doesn't have a bank account, he owes back payments on our truck (if he can't bring it current in 10 more days court order him to return it to me) I collect child support-taken directly from his wages. He owes lots of small credit cards. Basically he walked out an left me with all the bills and no child support for our 2 yr. old. He hasn't filed taxes...the list goes on and on."

To me, he sounds like someone who, "unless after bankruptcy you would still not be able to afford to pay them or the benefit you'd receive by the discharge outweighs any detriment to your ex-spouse (who would have to pay them if you discharge them in bankruptcy)."

The guy already has a child support garnishment, and he sounds like he lives paycheck to paycheck. Paying the debts would ruin him. Our writer needs to point her nose toward the Bankruptcy court, because he's going to be released from the debts, and there's nothing she'll be able to do about it.

IAAL

oreilly72 said:

By the way
(to the original poster)
If you think he's going to get this bankruptcy, you need to have your attorney enter an injuction against him right away to prevent him from trying to discharge these debts... if he gets to the bankruptcy before you get the injunction, you may lose your shot. Call as soon as you can.

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My response:

Oh, this is getting better and better!

Please give me your LEGAL authority for a "State court injunction" having any authority over a Federal court. THIS I have GOT to read!!

Go ahead. Amuse me.

IAAL

1. You're overboard.

2. You're a jackass. Stop scaring the woman and let her check it out on her own before you go making your genius "legal" assumptions.

Calm down... valium, warm milk and a nap, whatever, but shut up already.

Btw, he sounds to me like a person who doesn't WANT to pay. Not can't. And if you know anything at all about bankruptcy... which you clearly don't, you'd know that filing injunctions is what creditors do to stop the charge off... and they work. Often. A REAL legal authority... not a woman-hating, ranting half-wit... can tell HER that. YOUR thoughts are of no interest to me.

Now go on and amuse yourself, if you know what I mean.

Wow, you all scare me!!!

Now I am really confused. If you think he can't afford to pay this judgement, you have no idea how much more he earns than me!!!! Your statement is correct that he does not want to pay anything. He amazingly could afford to give his girlfriend rent money each month, go out and buy himself new clothes, party and carry on with his buddies. Boo Hoo for him now while he saddled me with all the bills. I really only want what is fair. And I definately want to protect myself and my daughter. Paying all the bills myself is not doing that!!! I can't afford anymore attorney's fees or else I'd be talking to my divorce attorney right now. HELP ME PLEASE!!! What do I do? Don't call each other names, I've heard enough of that from my ex!

I hope this helps

crafty lady said:

Now I am really confused. If you think he can't afford to pay this judgement, you have no idea how much more he earns than me!!!! Your statement is correct that he does not want to pay anything. He amazingly could afford to give his girlfriend rent money each month, go out and buy himself new clothes, party and carry on with his buddies. Boo Hoo for him now while he saddled me with all the bills. I really only want what is fair. And I definately want to protect myself and my daughter. Paying all the bills myself is not doing that!!! I can't afford anymore attorney's fees or else I'd be talking to my divorce attorney right now. HELP ME PLEASE!!! What do I do? Don't call each other names, I've heard enough of that from my ex!

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Although I am not an attorney and I don't know anything about California law, it seems to me that there should be something you could do.

I know that COURT ORDERS are enforceable in several ways for child support, but apparently your ex is paying CS?

Maybe COURT ORDERED SETTLEMENT PAYMENTS are enforceable in the same way.
For one, a motion for contempt for willfully refusing to obey court order to pay settlement. Then ex would have to prove to the court that he didn't have the ability to pay, which if what you say is true, he won't be able to do.

As for his threat to file bankruptcy:

At the time of filing, he will have to give name and address of creditor for each debt claimed, all the creditors are notified of bankruptcy and are given an opportunity to object to their debt being discharged.

If he tries to claim the settlement, you or at least the court will be notified and at that time you can file an objection with BK court.

Since it is very likely that he will list only the court's address, you need to keep a weekly or even daily eye on the court docket in your divorce case.
You can go to courthouse and look at file, or some areas have the dockets on-line. (I check my husband's on-line on a daily basis).

I hope this helps some, and I hope things work out for you.
Gracie