How do I collect my escrow refund from ex?

I got divorced about 1 1/2 years ago. I got the house and home loan, which was in ex’s name. I refi’d 9 months ago. I paid the mortgage for the previous 1.5 years. The divorce clearly states the escrow refund was to be mine. Despite multiple calls to BOA (with him on the phone) BOA still sent it to him. He deposited it and is refusing to give the money back. $2618. I recently found he has a small 401k he did not include in the divorce asset discolure ($4000) I want to ask the courts to pay me from it (if they don’t give me the rest because of the 50% he owes me from it). What do I need to file?

Asked on July 31, 2012 under Family Law, Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If yur marital dissolution agreement states that you are to receive the escrow refund from your former spouse but have not, then you should do as follows:

1. write him a letter stating that you need to receive it by a certain date. keep a copy of the letter for future use and need.

2. if not received by the due date, consult with a family law attorney and file a petition for an order to show cause for violation of the court order against your "ex".

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.