How doI go about collecting money that was awarded to me in a divorce?
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How doI go about collecting money that was awarded to me in a divorce?
My ex husband was ordered, under contempt powers of the court to pay my credit cards, etc. when he did not pay I took him to court for contempt. The contempt was denied, however,the judges statement states that I am entitled to a judgement from him in the amount of $3,225.26 + legal rate of interest. I was also instructed to file a claim in small claims court for the credit cards that I am paying. I am in the process of paying off a $5,000 credit card debt, which will be paid in September. Can I collect these monies from him and how do I go about doing so.
Asked on July 26, 2010 under Family Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Collecting a judgement can be far more difficult than obtaining one in court. Once you have a judgement that has been entered by the court you can do one of a few things to collect. First get a Judgement Lien Certificate (ask the clerk of the court in which the judgement was rendered) and file it with the State. You can levy on real property (that would entail filing the judgement in the county clerk or records office) or you could attempt to obtain a levy on his bank accounts or to garnish his pay. You can also seize property. These are generally the way that a party goes about collecting on a judgement and although I "rattled" them off here, they are not as easy to pull off as they may sound. You will have to get the help of a third party to do the seizing if you so choose. That is usually the sheriff.
The clerk of the court in which you have obtained the judgement probably has a "how to" booklet of some sort to help you with all of this. Look here too; Good luck.
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