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Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
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Experience:  19 Years of Legal Practice Experience in this precise field.
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looking for a motion to enforce a judgement (divorce decree)

Customer Question

looking for a motion to enforce a judgement (divorce decree) defendent owing $ (set up orginally as a money judgement in the divorce) filed with small claims when he didn't pay to garnish. Appeared at court date in Michigan, defendent in Wisconson. The judge told me I need a motion to enforce the judgement. Asked the clerk at the front desk and she doesn't have such a document? Can you please help me?
Submitted: 5 years ago.
Category: Legal
Expert:  MShore replied 5 years ago.
for what state?
Customer: replied 5 years ago.
That is part of the question can we file the motion here cause the divorce was filed here or do we need to file in Wisconsin where the defendent is?
Customer: replied 5 years ago.
I asnwered this on the site if you need me to reapply that is part of the question. The divorce is filed in Michigan can we do the motion here or do we have to do the motion in Wisconsin where the plaintiff lives?
Expert:  MShore replied 5 years ago.

You will have to file the motion in Michigan as it still has jurisdiction. A motion would include a summary of the facts and request the judge sign the motion. What portion of the divorce decree are you seeking to enforce? I ask because I am trying to locate the proper form and it would help if I know the purpose.

Customer: replied 5 years ago.
The divorce indicates a boat/trailer that will split for it's value and cost incurred to file bankruptcy and divorce. Most all of their debt was in plantiff's name.
Expert:  Alexia Esq. replied 5 years ago.

Dear XXXXX,

 

Good news is, you need to file a Motion to Enforce the Judgment in Michigan, the state where the Judgment/Orders lie. (They like to keep divorce matters altogether, even the post judgment enforcement issues that are so typical - I've done them 15 years later, can you believe?).

 

However, there is not a set FORM, generally. Or, more accurately, it is your standard Motion papers (check during the divorce, there was likely a motion or 2 during the divorce, and you simply follow the caption format, change the title to Notice of Motion to Enforce Judgment, etc. Attached to your Motion would be your Certification in Support of Motion, where you'd put all of your facts, including attachments where applicable, such as the decree where it proves what the defendant was supposed to do, etc. Your local court rules will also tell you if you need any other notices attached, proof of service, etc.

 

Often times, the county court where your matrimonial motion will be made will actually have packets available for pro se parties to make such motions - that would be my first starting point. Could save you time. Secondly, another quick method is to ask around - probably 50% of your friends are divorced and have had Motions done (for or against) and you can simply stem off them. IN fact, your own divorce complaint will give you the entire caption and again, you just need to put in your own title and information pertaining to your request.

 

 

Hope this helps to clarify.


 

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Stephanie Joy

 

 

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Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11839
Experience: 19 Years of Legal Practice Experience in this precise field.
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Alexia Esq.
Alexia Esq.
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19 Years of Legal Practice Experience in this precise field.