what type of attorney can help with collecting a divorce judgment

Should I hire a lawyer to collect a judgment?

Jan 29, 2018 · This is the best solution. Fortunately, there are many legal steps that can be taken to help you obtain the court-ordered amount that is owed to you, such as a wage garnishment or a bank levy. To learn more about collecting a family law money judgement, contact Claery & Hammond, LLP to speak with a Los Angeles divorce lawyer for free.

Do I need a lawyer to defend a collection lawsuit?

A family law lawyer can help a client negotiate a divorce settlement regarding the marital estate. If this process does not involve litigation, it is typically cheaper and faster than it is when battling it out in court. Representing in Court A divorce lawyer can help you litigate your case if …

How do I get a debtor to pay a court judgment?

Apr 21, 2013 · A money judgment can be enforced against the following types of property, but not by writ of execution; other enforcement procedures must be utilized to reach these assets (CCP section 699.720(b): An alcoholic beverage license; a partnership interest held by the judgment debtor (where the partnership itself is not a judgment debtor); the ...

How to collect on a judgement?

Collect your family law judgment. If at the end of your divorce (in your Judgment ), the judge ordered your spouse to pay you money or split the money from the sale of something, you will need to collect the money yourself. The court doesn't collect it for you. But, there are court processes you can use to try to collect the money from your ...

How do I enforce a divorce Judgement in California?

How do you collect a Judgement in Texas?

How do I collect on a Judgement in Michigan?

How do I collect on a Judgement in Georgia?

How long do you have to collect on a judgment in Texas?

How long can a Judgement be collected in Texas?

What happens if a defendant does not pay a judgment in Michigan?

How long does a Judgement last in Michigan?

How long do Judgements last?

How long do you have to collect a Judgement in Georgia?

What is the statute of limitations on Judgements in Georgia?

How long does a Judgement last in the state of Georgia?

What does a divorce lawyer do?

A divorce lawyer can explain how property is treated upon the dissolution of the marriage. Each spouse may have separate property that they brought into the marriage. Other spouses may have accumulated assets separately per a prenuptial or postnuptial agreement.

Can a divorce lawyer help with spousal support?

A divorce lawyer can help assess whether a spouse may be entitled to spousal support or may be required to pay it. Spousal support may be ordered when spouses have very different incomes or when one spouse sacrificed his or her career to advance the other spouse’s.

Is divorce financially draining?

Divorce is often an emotionally and financially draining time. However, a qualified divorce attorney can help make the process easier. Here are some of the pivotal roles and tasks that divorce lawyers help their clients with.

Is a lawyer responsible for joint debt?

Both partners may be legally responsible for joint debt. However, there are many cases in which only one spouse is held financially responsible for the debt. A lawyer can help determine how a spouse can protect himself or herself from debt that should be attributed to the other spouse.

What can a family law lawyer do?

A family law lawyer can help a client negotiate a divorce settlement regarding the marital estate. If this process does not involve litigation, it is typically cheaper and faster than it is when battling it out in court.

What are the grounds for divorce?

Some grounds for divorce are fault-based, such as adultery, cruel treatment, abuse or incarceration.

What is the authority for enforcement of family law orders?

The authority for enforcement of family law orders is FC section 290. Judgments or orders entered under the Family Code are enforceable by the family court by "execution, the appointment of a receiver, or contempt, or by any other order as the court in its discretion determines from time to time to be necessary." FC § 290.

What is an obligor spouse?

For most cases, the obligor spouse is a regular wage or salary employee such that the obligee spouse can collect by a Wage Assignment Order or Income Withholding Order pursuant to FC section 5200, et seq. This type of execution is one of the least problematic ways to enforce family court financial orders. A Writ of Execution Form EJ-130 is not needed for wage/salary seizure and satisfaction of an obligation, whether for support or for non-support.

What is a writ of execution?

A writ of execution orders a law enforcement officer to satisfy a judgment by seizing tangible real or personal property or funds of the judgment debtor for delivery (or for sale and delivery of the proceeds) to the judgment creditor. CCP section 699.010 , et seq. Generally, all of the obligor's property is subject to execution, even if in the possession of a third person. CCP section 699.710. So too is an obligor's co-ownership interests in property with a third person (such a partnership interest), but subject to a vast set of specific property-type statutory limitations and special procedures (discussed below).

What is an execution lien?

An execution lien attaches onto the judgment debtor's interest in the property (i.e. , not to interests of third parties). Execution liens are subject to specific statutory exemptions under CCP section 704.010 , et seq. A list of the CCP section 704.010 exemptions is published by the California Judicial Council, form number EJ-155, which is downloadable on-line at www.courts.ca.gov; this list should be approached with caution as it can be misleading in its simple descriptions of exemptions, and further review to the particular exemption statute itself and a practice guide on the particular statute is highly recommended.

What is the law of enforcement of money orders?

The law of enforcement of money orders and judgments within family law contexts is piggy-backed onto the statutory schemes that exist for collecting monies within the general civil legal universe. This creates challenges for applying enforcement tools, because missteps in the enforcement process can result in botched opportunities to collect the monies that are due. Sometimes a person who has been awarded money orders in a family law case gets a window for intercepting funds or assets that are "on the move". If the timing of the enforcement attempt is off, by the time a Writ of Execution is served upon a third party that holds funds (i.e., a bank or an escrow company), the funds may already have been distributed.

Can a sheriff take a debtor's property?

You can have the sheriff take the debtor’s personal property and sell it at public auction to pay the debt. But, often, the cost of doing this is more than the value of the property, so make sure that the property you want the sheriff to take and sell will be worth all the effort and money.

What does it mean when you have a lien on your property?

A lien on real property means you are claiming an interest in the value of the debtor’s real property. You will not be paid automatically, but if your former spouse/partner refinances or sells the property, you may get a pay-out of your money with 10 percent yearly interest.

What happens if my ex-husband doesn't pay my debt?

If your former spouse fails to pay by the court-ordered date, write a letter (or an email) reminding them that they owe you money and the consequences of failing to pay the debt, including, inter alia, accumulation of interest at the rate of 10% and negative effect on their credit rating. Further state that failure to pay may result in more serious action being taken, including wage garnishment or levying of their bank accounts. Sometimes, it can make a big difference if you have an lawyer send this letter on your behalf.

How much can you garnish wages?

You can obtain an Earnings Withholding Order to garnish the debtor’s wages until paid. Remember, you can only garnish up to 25% of the amount over the federal minimum wage that they earn.

How do I get a certified copy of my divorce records?

Here in San Diego, the only place that can provide you with a certified copy of your divorce decree is the Superior Court in San Diego County. While you can make your request for a copy either online, in person or via mail, keep in mind that the Superior Court does not send out court files electronically or via fax.

What do I need to provide with my request?

It will be up to you to provide Superior Court personnel with the case number and court location associated with your divorce case.

Can a debtor pay a judgment?

The debtor might pay the court judgment if you ask. A business-like request for payment might be all it takes, especially if you mention that an unpaid judgment will probably show up on the debtor's credit report. Don't tell the debtor exactly how you plan to collect if he or she doesn't pay up, however—again, any type of threat might encourage the debtor to start hiding assets (and you never want to appear to be harassing or intimidating the debtor.) Also, in many cases, it makes more sense to settle for a bit less than the full claim in exchange for having the whole thing over and done with.

What is the process called when a debtor is asked to answer questions under oath?

Lawyers call the process a debtor's exam or an order of examination.

How long do judgments last?

Judgments don't last forever. Instead, they usually have a shelf life of between 5 to 20 years depending on the state. Sometimes you need more time to collect, however. If you do, be sure to renew the judgment (and any recorded liens) before the judgment expires.

What happens if you can't collect your judgment?

And, the longer it takes to collect, the more your judgment will be worth because the accumulating interest adds up. So until you've collected your judgment, keep tabs on the debtor.

Is it better to hire an expert or not?

If you have had no success in collecting your judgment or you aren't willing to spend the time and effort necessary to get your money, hiring an expert might be a good idea. After all, it's better to get some of the money you're owed than none.

Starting Your Divorce Case

Your first divorce consultation will be at your lawyer’s office. At the initial meeting, your attorney will ask lots of questions, listen to the details of your case, and walk you through the divorce process.

What Do I Have to Do in a Divorce?

Don’t think that once you hire a divorce attorney that you can book a month's long vacation. You and your lawyer will need to keep in touch frequently as your divorce progresses. Your lawyer may look to you to provide factual background for the paperwork or “pleadings” filed in your case.

What to do if you hire a lawyer to defend a collection suit?

If you decide to hire the attorney to defend the collection suit, be sure that you sign a retainer agreement. The retainer agreement is a contract that governs your employment relationship with the attorney and should spell out at a minimum the details of the fee arrangement you negotiated.

What to expect when hiring an attorney?

From the attorney, you should expect competence, ethical behavior, and adequate communication as your case progresses.

How do attorneys charge?

How an attorney charges for services can have a big effect on the cost. Most attorneys will charge for their services in one of three ways: 1 A flat fee, no matter how much time it takes or how the suit is resolved. 2 By the hour, often with a cap to ensure that you do not pay the attorney more than the lawsuit is worth 3 By the result. Usually this fee is based on how much the attorney saves you in the long run. For instance, an attorney may agree to a fee of one third of the difference between the amount of the debt and the settlement amount. If you are sued for $10,000, and settle for $4,000, the attorney will get one third of the difference, or $2,000.

What happens if you don't respond to a collection lawsuit?

The summons attached to the complaint will tell you the deadline for your response. If you don't respond, the court could enter a judgment against you. (Learn more about receiving and responding to a collection lawsuit .)

How much is a retainer?

The retainer can range from a nominal amount to thousands of dollars , and is usually based on how much the creditor seeks in the lawsuit and the amount of time the lawyer estimates the case will last.

What is flat fee?

A flat fee, no matter how much time it takes or how the suit is resolved. By the hour, often with a cap to ensure that you do not pay the attorney more than the lawsuit is worth. By the result. Usually this fee is based on how much the attorney saves you in the long run.