My exwife was supposed to pay me $5,000 at $100 per month with a 10% per annum per year interest if she defaulted and she made one payment and went incommunicado.This year, 10 year anniversary from divorce date, I have filed for an extension on the decree and have paid a PI locate her.She is currently out of state, and in Missouri, and her father just passed away. I now plan to go after her to pay this debt. But I would like to make an offer for her to pay me the original amount of $5,000 plus current costs to date which would be another $1,000.If she does not agree to pay, what options do I have since she is out of state, and she may move or change jobs. If my ex decides to avoid paying, can I eventually recoup all of my costs incurred?
1. PI acquired my exwifes location.
2. Filed an extension on divorce decree since it is nearing its 10 yr. statute of limitation.
3. Have tried to locate and communicate but no response in the past.
4. Plan to send exwife settlement offer and copy of extension after I get copy from attny..
Hello,Sometimes there may be a delay in receiving a reply from me as I work on creating the best solution to the question you have presented.
Your question is important to me so I just wanted to let you know I am currently preparing a response and will return shortly.
I am sorry that you are dealing with this problem but pleased that you were finally able to locate your ex.
After review of your post it seems that you are seeking the best way to enforce your judgment assuming your ex does not accept your deal of a reduced amount.
Yes, it is possible to recoup the entire amount owed to you including costs. Since she is in Missouri and you already have the judgment against her from another state, then the easiest way if for you to register the judgment you have as a out of state order in Missouri to enforce it in Missouri but that is not the only way.
Generally, judgments across state lines can be enforced in one of two ways:
1. A new law suit may be filed based on the judgment.
2. Alternatively, you can use the Uniform Enforcement of Foreign Judgments Act (the Act), a foreign judgment (defined as a judgment of any state or federal court) may be registered by filing an exemplified copy of the foreign judgment (your current judment) with the appropriate office of the Court and notifying the debtor of the filing.
An exemplified judgment is a copy of the judgment to which a certificate has been attached and signed in three places, once by the judge and twice by the clerk, attesting to the authenticity and validity of the judgment. It is frequently called a judgment that has been authenticated pursuant to an Act of Congress. The Act sets forth the technical procedure that must be followed to register the judgment.
A judgment that has been registered is viewed as a judgment issued out of the Court in which the foreign judgment was filed and all local enforcement procedures would be available to the creditor.
I hope my response has been beneficial to you.
I wish you much luck and take care,
Practicing Attorney for over 15 years
Hi,I'm just following up with you to see how everything is going. Did my answer help?Let me know if there is anything else I can help answer for you.Let me know,Dan
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