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

Answers:

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".


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