I was granted a judgment earlier this year. VA DCSE won't collect because it was written as a lump sum and not monthly pmts and the judge states he doesn't have jurisdiction to change his order from earlier this year- despite me stating that I was going to have DCSE Enforce at hearing. I was told to hire someone to collect from him/enforce the judgment. He rents an apartment, sold his car 2 months ago, has no assets and claims I take all of his income for child support (income w/holding via DCSE). How do I best go about collecting this $3K+ debt? He was found in contempt and to be in arrears. Can I personally garnish his wages or must this be done by court proceedings? Is there a statute of limitations to collect, for instance, if I wait until child support is over in 3 years?
Where does your ex currently reside? You will be required to hire an attorney in his home state, and counsel will be required to obtain a certified copy of your Virginia order, and will have to file suit in your ex's state to domesticate the order and judgment in his home state. Once the order is domesticated, you can have local counsel garnish his wages, or his bank accounts. The judgment can also be recorded on the general execution docket in his county, and it will then appear on the credit reports of all three credit reporting bureaus. You will need to find an attorney in the county where your ex resides. Good luck with your collection efforts.
You can TRY to collect, and Mr. Harrell is correct about the hoops you have to jump through. However, from your facts EX is a total deadbeat who is too worthless (and too much of a deadbeat) to take care of his family obligations. Given that, you'll spend a bunch of money trying to collect and it may be like getting 'blood from a turnip'. I'd hate for you to throw good money after bad.
One thing (and a real long-shot): if Ex has parents in Virginia, you might 'docket' the judgment in the County (or City) where they live. A docketed judgment is good for 20 years and if they die within that time and leave him property you could have a lien on that property. Docketing is inexpensive ($10.00 or so) and could pay off like a lottery ticket.
Answers provided are general in nature and usually based on Virginia law. If I answer something posted from another state I'm probably out on a limb. Reliance on any answer posted here is at the sole risk and responsibility of the user, and in no way creates or implies an attorney client relationship with the author, his firm, staff, family or even his dog. And isn't it silly that we have to cover our *(&%$ with disclaimers in case some fool wants to blame me when they screw up? Reading any answer means you agree with the above.
It's more trouble than it's worth. Your time would be better spent negotiating a payment plan with the medical provider. Then next time you're in court --if there is a next time-- ask the Judge to on those payments to the DCSE's arrearages. With chronic non-compliance situations the non-paying spouse is often put into the position you're in. A payment due becomes a legal judgment against the payor when the payment is due, and is not subject to a statute of limitations.
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