If I take my ex-husband to small claims court for monies owed, can I charge interest and how much?

My ex-husband owes me money that was taken from me by the IRS, per our divorce decree which states monies owed are due upon receipt. He received this 8 months ago and still has not paid. I am in the process of taking him to small claims court and wanted to know if I can charge interest from that date and if so how much?

Asked on July 6, 2012 under Bankruptcy Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Rather than file in small claims court over an order issued by the court presumably per your marital dissolution agreement, you should simply file a petition in the dissolution action seeking the court to have your former spouse pay you what you say is owed.

By doing this, you do not have to file a whole new action and the judge hearing the case can simply review the orders previously made in the disslolution action.

You can ask for the principal owed plus accrued interest at the legal rate on a judgment in your state.


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