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Legal Question regarding Cash Award granted by court.?
This is a serious question and I hope to receive some serious answes - especially need advice from Texas attorney. My spouse and I divorced three years ago after 18 years of marriage in which we accumulated normal household paraphenalia. After a lenghthy and ugly divorce. I finally managed to obtain a divorce and was awarded a $50,000. 00 cash settlement. Additionally it accrues 10% per annum on the unpaid balance. I have NEVER received a dime! MY ex thinks it's funny.
In the meantime, he inherited cash and real property upon the death of his mother. I don't know the exact amount of the money, but the land is worth close to $200.000 and there are no mortgages or liens against the property.
His mother's estate was not probabeted. There are two other siblings besides my ex-husband.
In my way of thinking, he now (or will, soon) acquire sufficient assets to pay me. What steps do I take to accomplish this? I am
56 years old, and running out of time!
5 Answers
- Anonymous1 decade agoFavorite Answer
get a lein on everything he owns. get a court-ordered garnishment of wages. you need a lawyer.
- 1 decade ago
First, you should seek the advice of a Texas attorney right away. What you need is a judgment that will function as a lien against your former husband's property. Usually, that means recording a certified copy of the judgment in the records of the county where your former husband owns the land. Once you acquire a lien against his land, you will be in a position to demand payment from him and, if he refuses, to foreclose the lien. Regarding cash, you should try to find out where your former husband banks and seek a writ of garnishment against the bank. This will have the effect of a lien against his bank accounts and if you are successful you may be paid in full directly from his bank accounts by the bank. If your former husband was ordered to pay this money as a part of your divorce judgment, it may be possible to have him held in contempt if he willfully refuses to comply with the divorce judgment. Don't be too concerned that your former husband's siblings may have an interest in the property you are after. Even if your former husband does not own the land outright, your judgment will constitute a lien against his interest which may be foreclosed. If successful, you would either get paid or become a cotenant with your former in-laws, a situation that they would undoubtedly not be very comfortable with. Cash held in joint accounts with siblings is normally divisible, so there should be no particular problem there. All of this is complicated, and you are going to need a lawyer to help you with this. I would first contact the lawyer who helped you with your divorce. If he or she can't help you, he or she may be able to refer you to somebody who can. Good luck!
- PerdendosiLv 71 decade ago
Since this is a $50,000 collection matter, don't go for a lawyer who will "only get paid if you get paid." THey will charge you 25 - 40%. You can probably find a lawyer who will do this for $1-3,000 to get a lien and/or file a collection action.
Since this is a family court judgment, that judge may have rights to haul your ex back into court to enforce the divorce decree.
Call the Texas State Bar ***'n and ask for the lawyer referral service for a small collection matter.
- Anonymous1 decade ago
well I don't know too much, but my advice would be to consult a lawyer who will "get paid only if you get paid". Then on top of getting your money, sue the jerk for court cost and legal fees!
guess the guy below me sounds more like he knows what he's talking about! lol, but still good like and nail him to a wall!!!
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- BoomChikkaBoomLv 61 decade ago
Was the original judgment docketed?
Did you renew it when the time expired?
If so, go to your local court and ask the clerk how to execute on a judgment. They will give you the proper forms.