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How do I collect on debts?

Asked over 2 years ago - San Diego, CA

My ex husband and I went to mediation and had a contract made. He is supposed to pay to have my vehicle repaired because he vandalized it and also pay 1/2 of the accrued credit bills from before we divorced. there is no info stating when he has to pay by or how much at a time. it has now been 10 months and I haven't seen a penny of it. What do I do????

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Attorney answers (3)

Robert W. Kovacs Jr.

Reputation Level 14

Answered over 2 years ago. Bankruptcy Attorney in Worcester, MA.

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I am not licensed to practice in your state but I can offer some general information.

This question would more appropriately be in the family law or divorce section.

Typically what you would need to do is file a Motion for Contempt with the probate court where your divorce was. Essentially what this is asking the judge to find that ex has not done what the judge order ex to do. This is a crime.

You should contact a local lawyer who will be able to help you with your case and state’s laws.

Good luck.

Robert Kovacs

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Steven Alan Fink

Reputation Level 20

Answered over 2 years ago. Real Estate Attorney in Newport Beach, CA.

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If it is just a contract you will have to file a lawsuit. If it was a settlement reached in the divorce case you may be able to file a Motion under Code of Civil Procedure Section 664.6 to have the settlement turned into a judgment that you can enforce by levying on wages and bank accounts.

Disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Pamela Koslyn

Reputation Level 20

Answered over 2 years ago. Business Attorney in Los Angeles, CA.

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It's odd that a mediated agreement would have no payment timing terms. You can sue to enforce this contract in a new lawsuit, or if the divorce judge retained authority over your case, you can file a motion to have that judge enforce this contract.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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