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Author Topic: Need help with wording  (Read 2268 times)
alamom
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Posts: 183


« on: May 07, 2007, 09:24:17 AM »

Since my ex is refusing to pay money he owes me according to our divorce settlement, I am going to send him the receipts for the items by certified mail this week along with a letter explaining that if he does not pay he is in contempt and I will pursue legal action to get the money and I will also seek reimbursement of any legal fees I incur during this process.

I need help with wording on the letter. I don't really want it to sound like a threat even though that's what it is. I would like it to be as cordial as possible, but still get the point across that I am tired of messing around.
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anniewalker
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Posts: 387


« Reply #1 on: May 07, 2007, 03:58:51 PM »

I'd send something saying that attached are the receipts for the child's expenses as covered in your settlement agreement.  Quote the agreement.  Then you could say that failure to comply with the terms of the settlement agreement could result in him being held in contempt of court.

Be careful!  There is a fine line between saying "obey the agreement!!!" and extortion. 
AL Code Section 13A-8-13
Extortion - Definition.
A person commits the crime of extortion if he knowingly obtains by threat control over the property of another, with intent to deprive him of the property.

(Acts 1977, No. 607, p. 812, ยง3235.)

You may want to CC your lawyer AND his lawyer, too.

Good luck!
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Be who you are and say what you feel, because those who mind don't matter and those who matter don't mind.
Dr. Seuss
Lee Borden
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« Reply #2 on: May 07, 2007, 06:29:26 PM »

The words should be yours, not somebody else's. Just make sure you confine your recitation of the facts to what you know. It's okay to say what you will do if your Ex doesn't comply, but I'm not sure it's necessary. Consider something like "I will explore all the remedies available to me and choose the ones I think will be in my best interest."
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Jade
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« Reply #3 on: May 07, 2007, 08:54:53 PM »

Since my ex is refusing to pay money he owes me according to our divorce settlement, I am going to send him the receipts for the items by certified mail this week along with a letter explaining that if he does not pay he is in contempt and I will pursue legal action to get the money and I will also seek reimbursement of any legal fees I incur during this process.

I need help with wording on the letter. I don't really want it to sound like a threat even though that's what it is. I would like it to be as cordial as possible, but still get the point across that I am tired of messing around.

Use your own words.  And don't even bring up the consequences.  All the court is going to care about is that you made an effort and he ignored it.  Just be sure to send everything certified, return receipt requested. 

He can refuse to sign for it or pick it up.  The post office will note the reason for failure to deliver, be sure to bring this to court as evidence of his refusal to pay.  If he refuses, then he is in blatant contempt of court.  Refusing to sign for reciepts of money owed doesn't mean that you aren't in contempt.  Just stupid.
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alamom
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Posts: 183


« Reply #4 on: May 09, 2007, 11:06:47 AM »

Well, I did it. I send a certified letter to ex yesterday along with the 2 receipts. The letter was strictly business. I only stated facts and made no threats about contempt or anything else. I simply asked him to remit his portion as required by law and thanked him for his immediate attention ot the matter and his swift compliance. I quoted the portions of our divorce agreement that applied and requested that he send his portion to me via mail in the form of a check or money order.
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