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Do I need a lawyer to pursue my divorce settlement payment I have not been owed? Would like to file a lien or garnish wages.

Lexington, KY |

He had 30 days to pay me and the 30 days are up. Have the judge signed papers and I have kept my agreement for the contract.

Attorney Answers 3

Posted

What you can do is determined, in part, by what any separation agreement or judgment would say. And your state law. You will probably have to go back to court to establish his default before you do anything else.

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4 comments

Asker

Posted

can I file a motion myself to go to court?

Anthony J. Pietrafesa

Anthony J. Pietrafesa

Posted

Maybe, but why would you? Many of my clients come to me after trying a DIY defense and sometimes it costs more for them because I have to untangle things. Lincoln said, " Anyonewho has himself for a lawyer has a fool for a client." You don't sound foolish to me, so do seek the advice of a good family lawyer in your area.

Asker

Posted

I did have a lawyer.. did not like my pick.. guess I need to get a different one. thanks for the advise.

Anthony J. Pietrafesa

Anthony J. Pietrafesa

Posted

Sorry to hear. Unfortunately common with matrimonial lawyers. Your local bar association may have a referral service. I think you'd do yourself well to see if one will give you a free or low fee consultaion so you know exeactly where you stand. Sounds like there is more to do before this is a pure collection matter.

Posted

You could attempt to file motions for contempt, etc without an attorney. If you do so, you'll be held to knowing what the rules/procedures are for filing of motions, orders, etc. Without seeing the terms of the order/settlement agreement, it is difficult to say what the best next steps would be for you. It may be beneficial to retain an attorney to assist you and then request the court to have your ex pay reimburse you those fees. That isn't a guarantee, but sometimes it's worth knowing things are done correctly than having to go back time and again to try and get it right.

Responses are general in nature and do not create an attorney-client relationship. For specific advice it is advisable you retain legal counsel of your choosing.

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Asker

Posted

He just owes me some money I have done everything I am required to do in the agreement. it is rather quite simple there are not kids involved.

Posted

It is advisable to hire an attorney who practices in the County. Call Nicole Prebeck and speak to her about fees, timelines and process.

Kentucky law does not certify specialty of practice in this area. The advice given herein is informational and should not be considered as creating an attorney/client relationship. Michael Bouldin is an independent attorney located in Northern Kentucky. It is strongly recommended to not give any confidential information on any website.

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3 comments

Asker

Posted

I might do that to get a second opinion. I need to release my lawyer cause she is not wanting to listen to me. this is a very simple case and hate to have to pay a lawyer because then there is no point asking him for the money because that is all he owes me.

Michael William Bouldin

Michael William Bouldin

Posted

You should send email/letter to him reminding him it is owed. Many judges will award attorney fees for contempt. A local attorney will advise as to how likely that is.

Asker

Posted

I have been sending emails.

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