The court granted me a money judgment in a Family law case but the other party won’t pay. Is there anything I can do??
by admin ~ January 5th, 2010. Filed under: Child Support, Divorce, Family Law, Family Law Judgments, Spousal Support.Yes, there is. There are different methods and steps to take in order to collect on a family law judgment in California that has been made in your favor.
When you are looking to collect on a family law judgment, not referring to child or spousal support, the first step if the court ordered date for payment has passed is to write a letter to the other party asking them to pay you the money and provide an address for them to mail payment. In your letter you can also inform the other party that the debt will increase based on an interest rate of 10% per year if they fail to pay the judgment. If the other party pays you based on the letter you wrote regarding the need for payment on the judgment then you are done. However, if they do not, the process tends to get more complicated and the aid of a lawyer would be beneficial.
Although you do have the ability to seek enforcement through the court it often times is also beneficial to be flexible in allowing the debtor to pay off the debt to you by accepting monthly or weekly payments, letting the debtor work off all or some of the debt, or even if you choose accept less than the court ordered. If you do decide after discussing with the debtor, other party, to let them pay of the money in installments it is in your best interest to send them a letter stating the dates when payments are due, how much is due at each time, and any interest that will accrue on the debt that they owe to you. Doing so helps protect you in the future if there is a dispute as to how much is owed when or how much interest is supposed to accumulate on the debt.
After taking all reasonable steps as stated above and the other party sill refuses to pay you, or pay in full, there are legal options available for you to pursue. In deciding to pursue legal options you should first look into whether the other party has any assets that you could go after in order to satisfy the debt that is owed to you. When pursuing your other legal means you can ask the court for a wage garnishment against the debtor, place a levy on the debtor’s bank account, and place a lien on real property [home and land] or personal property [cars, furniture, and equipment]. These different options are rather effective but considerably more complicated.
Due to the complexity of filing an action asking the court to place a levy, a lien, or to garnish wages it is important you conduct thorough research and have an experienced family law attorney represent you that is familiar with family law as how to enforce a judgment. The Law Office of Michael S. Carrillo can offer you a free consultation to discuss your case and options in collecting on your family law judgment. Call us today for that consultation at (626) 799-9375.
