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Can I get a judgment for money owed?

Port Jefferson Station, NY |

Ex owes me approximately 18k as per divorce settlement for multiple debts. settlement states it is to come from his portion of home. House is almost underwater, so i don't expect enough profit to recoup my losses, can i get judgment for money owed ? If possible should i go to small claims for each amount listed ?

Attorney Answers 5

Posted

Your case does not belong in small claims court. Consult with a local matrimonial attorney as soon as possible.

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Posted

The answer likely depends on the specific language in the agreement/judgment of divorce. Consult with a matrimonial lawyer.

The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Posted

This is a divorce related question, not really a debt question. The issue remains under the jurisdiction of the family court, so you would not go to small claims or any other court. Before you can reduce the amount owed to a judgement in your favor, the other party must default the terms of the divorce decree. If the decree says the ex must pay $X amount from sale of house, and the house has yet to sell, not sure you have a mature claim.

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1 comment

Anthony J. Pietrafesa

Anthony J. Pietrafesa

Posted

I sort of agree with Mr. Berkus. More troubling is why you'd consent to having money from the house if the house is underwater. You might want to seek a modification to get your 18K another way. Otherwise, you ride out teh market, hope he can afford the house and thatit starts to appreciate in value.

Posted

Yes on the judgment, but not small claims court - the post judgment part in the court in which your judgment of divorce was issued.

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Posted

You should seek a money judgment from either Family or Supreme Court, not small claims.

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