If my ex-husband asked for something in court and the judge gave it to him but he hasn’t paid for it, can I take him back to court?

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If my ex-husband asked for something in court and the judge gave it to him but he hasn’t paid for it, can I take him back to court?

He asked only for the 4 wheeler but hasn’t made a single payment on it. I don’t have a job and I am a single mother so I need to know if I can take him back to court? Also, how much it would cost me to do so? The debt is now around $17,000 when it was around $10,000. This affects my credit severely and I don’t know what else to do. I was told that if it was 1$0,000 or less I could take him to small claims court without having to hire a lawyer. Does that apply if they agree to settle for that amount?

Asked on June 25, 2012 under Bankruptcy Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I suggest that IF the 4 wheeler was given to your former husband as part of your marital dissloution proceeding and he has yet to pay for it that you file a petition in your marital action asking that the court order payment by him for the item since your credit is being adversely affected. The court should still retain jurisdiction over the 4 wheeler issue if such was an issue in your marital dissolution.

I suggest that you may wish to consult with a family law attorney or a legal aid clinic to assist you further in getting the necessary paperwork in order.

Small claims court does not sound like the proper court for your matter based upon your question. As to the cost for the suggested petition, if you can meet with someone with a legal aid clinic, your cost should be the filing fee of $40.00.


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