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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
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Experience:  I provide family and divorce law advice to my clients in my firm.
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My ex husband and I divorced in 2010 in Texas, although he

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My ex husband and I divorced in 2010 in Texas, although he was living in Georgia at the time. It went to trial and I was awarded a settlement that he never paid. ($9000). There is much more to the story, however, I want to collect that money. I now live in Tennessee and he is in Alabama. I do not know his exact address but have an email, phone number and employer. How can I go about collecting the settlement and even interest, or other damages? (He also did not pay his half of the debt as prescribed by the divorce decree.)

Thanks!!!
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

 

I am sorry to hear that he disappeared. One of the conditions of being able to get this paid is that you would need to file suit in Texas (at the same courthouse that issued the divorce) for 'contempt of court order' and request that the judge admonish, fine, or even jail him for non-payment. You could also potentially file in the county where he resides for the amount owed via their court system, but it would be cheaper and faster to seek a contempt petition first. This requires you to find out his exact address as he is required to be served, OR if you have the address of the employer, you can serve him there provided that someone signs off on the petition. Since this is a marital debt primarily, and an order already exists, pursuing contempt first creates potential new penalties and permits you to seek interest and also possibly attorney fees if you end up retaining counsel to file against him. If he disappeared, you have to find him as otherwise you would not be able to collect until this debt is reviewed by the courts as valid, unpaid, and that he still has the legal obligation to cover it--only then can other fees be attached and possible interest be calculated and assessed.

 

Hope that helps.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38792
Experience: I provide family and divorce law advice to my clients in my firm.
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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
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I provide family and divorce law advice to my clients in my firm.