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Author Topic: collecting awarded judgment  (Read 1283 times)
blindsided
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Posts: 300


« on: December 06, 2009, 11:18:46 AM »

After a trial, the Judge issued his findings.  Attorney A typed up final judgment and sent to for attorney B for approval.  Judgment was edited to provide for financial settlement to be time sensitive.  Judge denied additional language.  So in short, I was awarded x amount of dollars and not provided with a claused time frame to collect.  The allotted 30 days to object, modify or amend the final decree is 1 week away.  If the decree reaches finality is there any recourse in collecting the award or should I file a motion to enforce judgment within the next 7 days an incur the expensive and delay of such?

Thank you
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livealittle
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Posts: 2926


« Reply #1 on: December 06, 2009, 05:19:35 PM »

are you saying that the judge denied wording to say one spouse should pay the other in a reasonable time?

for example.

party A will pay Party B $X within 30 days of this judgment.

it just says party A will pay Party B?


if no time frame is indicated, most courts expect it to be paid within a "reasonable" time period. If it's a huge amount, 6 months may be reasonable, if it's a small amount, 30 days should be reasonable.
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TC
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Posts: 5904



« Reply #2 on: December 06, 2009, 06:06:25 PM »

It sucks, pure and simple.

Take your court order and put a lein on all of his assets....I really can't think of much else you can do.

I just don't understand how courts can act so irresponsibly.

TC
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God grant me the serenity to accept the things I cannot change,
Courage to change the things I can,
and the wisdom to know the difference.
blindsided
Sr. Member
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Posts: 300


« Reply #3 on: December 06, 2009, 07:23:55 PM »

thats exactly what it says, party a will pay party b.  We asked that a time frame be included in the final judgment and the judge denied our request.

Can you lein a business?
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TC
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Posts: 5904



« Reply #4 on: December 06, 2009, 07:51:11 PM »

You can lein the assets of the business.

T
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God grant me the serenity to accept the things I cannot change,
Courage to change the things I can,
and the wisdom to know the difference.
livealittle
Hero Member
*****
Posts: 2926


« Reply #5 on: December 06, 2009, 08:53:54 PM »

in Alabama you have to go back to court on contempt of non-payment of court ordered monies. Then request that the judge reduce it to a judgment to let the party who didn't get paid put a lien on the non-complying party's assets. I had to do that before we could put a lien on my x's stuff.
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