How do I get a judgment filed and collect from his employer in CA? My dissolution dictates that he owes $12450. He filed a foreign judgment, stating I owe him on his American Express bill which was dismissed in his bankruptcy. Should a file a response? Dissolution states if he is arrears more than 1 month then becomes debt owed and is not dismissed in bankruptcy. Our judgment states we can agree to a repayment in writing if arrangements are made. He agreed to repay it once he was employed. He is COO/VP of a company in L.A. He still has a residence in WA.
Can I find a collection agency to collect in CA? Do they still need a court ordered judgment?
You should definitely respond to any lawsuit he tries to bring against you; if you do not, you may face a default judgment.
With regard to the money you say he owes you, the answer depends on the language used in the dissolution documents. If it was a money judgment, then you already have a judgment to provide to a collection agency. If not, you may have to file a motion for contempt and ask for a judgment. You would want to do this before the bankruptcy is filed so you can have a priority claim as a judgment holding creditor. You could also look into starting an adversary proceeding within the bankruptcy as a creditor (assuming that you have a judgment).
There are a lot of unanswered questions here, so your best bet would be to contact a creditor's bankruptcy attorney to see how to proceed.
Hope this helps.
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