This is a venue question in a divorce case.

Asked over 3 years ago - Dallas, TX

I have a judgement in a divorce case, I want to collect, the judge has done some pretty crazy things to block my collection efforts. My ex has been out of state for more than six months, I have not lived in the county of divorce in more than a year. I want to file in the county I am in, can I do that or am I going to have to try to battle my way thru a recusal of the judge. I think I can win he has stepped over the line multiple times in his effort to block collection. He removed the file from the clerks office, he has refused to let the clerk give me an abstract, he has denied a motion to enforce. She signed a rule 11 agreement and the divorce was finalized, she has not paid one dime.

Attorney answers (3)

  1. Christopher Jay Harding

    Contributor Level 15
    Best Answer
    chosen by asker

    Answered . You can file a breach of contract claim (which it sounds like this is) anywhere that is appropriate... and TX has some broad rules. You can certainly file in the County where the decree was entered. If she is to pay you at your new residence, you can file in that county.

    Don't worry about the Judge - simply file the new case (breach of contract). There are also other things you can do if you already have the judgment, like post-judgment depositions, execution (sending the sheriff out to grab her property) and so on. You should call a Dallas attorney to talk some more about your options. Many will help on a contingency fee basis (33% - 40% of recovered monies). Doing it yourself is much harder, but there are resources out there you can use.

    Good luck.

    Disclaimer: This answer is intended for educational and informational purposes only and should not be considered legal advice nor forming any attorney-client relationship.

  2. Michael Shea O'Connor

    Pro

    Contributor Level 9

    Answered . Well...If you have a signed judgment, I don't see how a judge can keep you from abstracting the judgment...that's done by the county clerk. Because you have a judgment, legally it is possible to ask any court of competent jurisdiction to appoint a receiver to collect the judgment, but most courts require you to do post-judgment discovery to identify assets for collection. But, you can try to file a Motion for a Court-Appointed Receiver in your county and see what the court does.

  3. John-Paul LaPre

    Contributor Level 9

    Answered . This sounds very strange. You might want to talk to a local attorney to look into: state court rules of residency and venue, as that would control where a claimant may file an action; also, research into the action seeking to have a judge recuse him/herself (I suspect this judge will not recuse, and you may have an appeal on your hands), and -- perhaps more importantly -- research whether there is a way to complain about the judge to an independent body. We in Mass. have a board of judicial conduct where such complaints are filed and heard, very similar to the board of bar overseers for lawyers.
    Good luck!

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