I recently went through an invalidity of marriage / divorce with this woman, and with it the court ordered her to pay me roughly $2,800.
Part of the annulment process was she was also arrested for and plead guilty to Harassment with a Domestic Violence enhancer as she was extremely abusive during the marriage. She is currently on probation, and will be on it for another 12 months or so. With that I got a protection/no-contact order against her, so I haven't talked to her since I saw her in court
The court ordered this around 9 months ago. I've already spent roughly $3,000 getting the annulment, and don't really have the means to pay very much for a lawyer to do this for me (I'm in my 20's trying to get through college).
What methods do I have to try and take care of this myself?
You can file a motion to compel her to pay you the $2,800 with the Court or a Motion for Contempt - remedial contempt to get the money paid to you. You can take care of it yourself. You can see if there are any applicable forms on the Colorado Judicial Branch website or have an attorney just draft the motion up for a nominal cost.
The order directing her to pay money to you should also be treated as a judgment in your favor. If the Court Clerk's did not enter it into the court records in that manner, then showing them a signed copy of the order may be enough for them to make the entry in that manner. With a judgment, you can have the Court Clerk issue a Writ of Continuing Garnishment to have money held out of her paycheck for six months, or a Writ of Garnishment With Notice of Exemption and Pending Levy to have money taken from her bank account and paid to you. The forms, and instructions for their use, can be found at http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=114. But be careful. Dealing with the garnishment process is very technical, and, if you make a mistake, you get nothing.
You have two choices, enforcement of judgment or contempt.
You could file a motion to have the Court's order reduced to judgment. With that done, you can file for a garnishment order and service it on her bank or her employer. You can also record a transcript of judgment against any real property she owns. The Colorado State Judicial webshite has forms and instructions for all fo these filings.
Alternatively, you could file a motion to have her held in contempt for failing to follow the Court's order to pay you the money. You would file a motion along with an order and a citation. When the Court signs the order and issues the citation, you will have your ex personally served and then she will be required to go to Court and answer for her failure to follow the Court's orders.
I generally find that reducing the amount to a judgment is the simpler and more effective of the two options if you know where she works or has a bank account.
You can reach Harkess & Salter LLC at (303) 531-5380 or [email protected] Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
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