What is the name of your state (only U.S. law)? TX
I will try very hard to make this brief. I was divorced earlier this year. My now ex-husband was ordered to pay various obligations including 60% of the credit card debt at the time of separation; the second mortgage; and an amount that he owed me previous to our marriage, as well as some odds and ends - like damage to my second vehicle while it was in his possession. He was awarded the 2nd vehicle with the proviso that he refinance it into his own name by a certain date and that he make the payments on time. If he was late with a payment, I had the right to request the truck be returned to me. If he failed to refinance it by that date, I had the right to request the truck. I requested the truck 3 times. He refused to return it and then stopped making any payments on it (okay, he made a partial payment one month) but had use of it, basically for free, for 2 months and 7 days. He returned it to me with almost $2000 in body damage that he had done while it was in his possession. I filed a motion to enforce the judgment of property division. He had 20 days to respond and failed to do so. I won a default judgment (actually 2 default judgments). Can he not be arrested for failing to respond? He had to be served by a process server, so I am assuming he was subpoened. He was found to be in contempt, yet nothing has happened and I am still not getting paid. Unfortunately, his wages cannot be garnished as we had no children and none of the money owed is alimony. He owns nothing but a vehicle, but he does have a job and the ability to pay.
What is my next step? Sue him for contempt of court? Ask my lawyer to request that the judge issue a warrant for him not appearing for the other two motions?
Any assistance would be great!
I will try very hard to make this brief. I was divorced earlier this year. My now ex-husband was ordered to pay various obligations including 60% of the credit card debt at the time of separation; the second mortgage; and an amount that he owed me previous to our marriage, as well as some odds and ends - like damage to my second vehicle while it was in his possession. He was awarded the 2nd vehicle with the proviso that he refinance it into his own name by a certain date and that he make the payments on time. If he was late with a payment, I had the right to request the truck be returned to me. If he failed to refinance it by that date, I had the right to request the truck. I requested the truck 3 times. He refused to return it and then stopped making any payments on it (okay, he made a partial payment one month) but had use of it, basically for free, for 2 months and 7 days. He returned it to me with almost $2000 in body damage that he had done while it was in his possession. I filed a motion to enforce the judgment of property division. He had 20 days to respond and failed to do so. I won a default judgment (actually 2 default judgments). Can he not be arrested for failing to respond? He had to be served by a process server, so I am assuming he was subpoened. He was found to be in contempt, yet nothing has happened and I am still not getting paid. Unfortunately, his wages cannot be garnished as we had no children and none of the money owed is alimony. He owns nothing but a vehicle, but he does have a job and the ability to pay.
What is my next step? Sue him for contempt of court? Ask my lawyer to request that the judge issue a warrant for him not appearing for the other two motions?
Any assistance would be great!