how to enforce a settlement

UPDATED: Oct 2, 2022

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how to enforce a settlement

My ex had 7 years to pay a settlement. It’s due end of this year. He says he does not have the money and not pay. I do not want to take him to court, we did not have lawyers at time of divorce. He had a decree written up with the help of his uncle who was a lawyer. Any other way?

Asked on October 8, 2019 under Family Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A settlement is a contract: a contract "under seal of the court," as some cases say, or which, to put it another way, was approved by the courts. The way--the only way--to enforce a contract, including a settlement, is through the courts: by bringing a breach of contract lawsuit. So if you want to enforce the settlement, you will have to bring him to court. 

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.

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