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i want my money

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apollo

Junior Member
What is the name of your state?MN
We got divorced in 1997. Part of the decree stated that she would get the house, but pay me a portion of the equity that we had in the house. The decree also stated that she had 5 years from the date of the final decree to pay me (it's over $14,000). That would make it due in Feb. 2002. She filed bankruptcy about a year ago. She says she is trying to refinance and pay me, but I don't think she can. Is there any other way to get her to pay?
 


I AM ALWAYS LIABLE

Senior Member
apollo said:
What is the name of your state?MN
We got divorced in 1997. Part of the decree stated that she would get the house, but pay me a portion of the equity that we had in the house. The decree also stated that she had 5 years from the date of the final decree to pay me (it's over $14,000). That would make it due in Feb. 2002. She filed bankruptcy about a year ago. She says she is trying to refinance and pay me, but I don't think she can. Is there any other way to get her to pay?

My response:

Sue her for Partition, forcing her to sell the home. However, and you'll have to check with a local attorney, but you may have waited too long, allowing the Statute of Limitations to run out - - UNLESS your "final order" is actually a "judgment."

IAAL
 

LdiJ

Senior Member
apollo said:
What is the name of your state?MN
We got divorced in 1997. Part of the decree stated that she would get the house, but pay me a portion of the equity that we had in the house. The decree also stated that she had 5 years from the date of the final decree to pay me (it's over $14,000). That would make it due in Feb. 2002. She filed bankruptcy about a year ago. She says she is trying to refinance and pay me, but I don't think she can. Is there any other way to get her to pay?
You are right, her odds of being able to refinance after a bankruptcy are not particularly good. You can take her back to court for contempt and try to get some sort of wage garnishment or installment plan for the debt. Or you may be able to get the judge to order that the home be sold so that you can recieve your equity payout.
 

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