How can I enforce a court's order? My ex is ignoring the courts order, I filed contempt of court and won but he is refusing to pay. I filed a second contempt with the hearing in August. My question is can I place a lien against my ex's house for the court order amount until he pays me? Can I take him to small claims court, if the amount is within the limit? what are my options?
Don't try to start a new action. Under a doctrine called "prior pending action", you can't start a new case on an action already before a judge. And this is already before a judge.
Do you have an Order that is a judgment against the person? Is this support or a general civil action? Depending on the Order, this might already serve as a lien against the house, depending on how the house is titled and what the Judge already ordered. Might be good to have a lawyer read the Order to see how the title searcher might respond to finding this in the docket.
This answer is for general information purposes, and is not legal advice. Please understand that by answering this question, I am not creating an attorney client relationship with you. If we agree in writing, then I would begin to represent you.
I don't know about a lien -- you may be able to get one on the basis of the current order -- but I would have to research it, which is beyond the scope of services that we offer through this free Q&A forum.
I can tell you that judges really do not like it when people dishonor the court by disobeying court orders. So if I were your ex I would not want to have to face the judge again unless I had a darn good reason for failing to pay. Your question was put into the Real Estate Law section of AVVO. I'm going to move it to Divorce Law in case someone who's had a similar case would like to weigh in. Good luck to you!
Please note that the above answer is not to be construed as legal advice, nor do you and I have an attorney-client relationship based on this answer. It is my personal opinion based on your question, and it was given without obtaining the detailed information that I would normally request in order to render comprehensive legal advice. I advise you to consult with a local attorney of your choosing to obtain individual legal advice.
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