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Roger
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Category: Legal
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a divorce decree awarding me $7500 from my ex by Dec

Customer Question

I have a divorce decree awarding me $7500 from my ex by Dec 2012. I have not seen a dime and he has no intentions of paying me. He has since been gifted a 2007 Durango from his mother who paid $16,000 and received our 97 dodge 1500 truck which was purchased during the marriage.
1st problem everything was done in Perry County which put the wrong name on the decree for the ex. It was later amended 8 mo's later. I have 7 comtempts on file which they will not set a court date for.
2. Can I transfer the judgment to Franklin County Court and move to collect? Ex works in county and I live in Franklin Co.
3. Can I take legal steps to have the court take 1 or both vehicles and sell for debt owed?
I need to know actual steps and forms to file please.
4. Where do I find information on the procedures I need to file?
I live in Ohio and went Pro Se. I was really happy with the decree results.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. IF you have a court order that directs him to pay you money, and if he has failed to do so, then you can file a motion for contempt against him with the court and ask the judge to order him to pay up immediately. If he can't/doesn't, then the judge can order him to sit in jail until he does. Also, you can issue a writ of execution on anything he owns - - including these vehicles - - based on the judgment that you have in your possession. Once you repossess the vehicles, you could sell them and use the proceeds to pay the amount you're due.It's probably best to file the contempt motion and let the judge know that he must pay immediately or face possible jail time. Usually, the judge will give him a short period of time to comply or else......

Here's a link to a sample motion for contempt/order to show cause you could look at: http://www.hockingcountycommonpleascourt.com/Documents/Contempt%2097-03.pdf

Also, your local court clerk's office will likely have similar forms at the office or even online.

Customer: replied 1 year ago.
I just stated I have 7 contempt charges pending some are over 2 yrs old and the last file is 6 months old. If I expect to collect I need to move this to another county court and that was the fist part of my questions, how to do so. Can you provide me with the steps to transfer or move judgment from one court to another or not?

Customer: replied 1 year ago.
Relist: Inaccurate answer.
I made my questions clear and never received an answer to the questions asked.
Customer: replied 1 year ago.
can you supply me with the information I am requesting or not? I don't need to be told how to file a contempt, I now how to do so and that was not one of my questions.
Expert:  Roger replied 1 year ago.

Hi -

Sorry if I misunderstood what you were looking to do.

As for transferring the judgment, all you have to do is get a certified copy from the court clerk and then file that judgment with the court clerk in the county you're wanting to enforce it in - - such as Franklin County.

The only issue you'll have is that you can only enforce the judgment in Franklin County IF he (1) lives there, or (2) owns/has property there. You mentioned that he works in Franklin Co., so you would be able to file the judgment there and then issue a garnishment to his employer for payment of his income until paid in full. There are several Ohio counties online that have forms available for garnishment, such as the following one: http://www.franklincountyohio.gov/clerk/CivilForms.cfm. Your county likely has similar forms you can use.

However, if your ex does not live in Franklin county, you could not seek to hold him in contempt of court OR execute on his vehicles through another county. Instead, that would have to be done through the county where he lives/where the property is located.

Thus, you CAN transfer the judgment simply by getting a certified copy and filing it in any county you wish. However, the court only has jurisdiction over the PERSON if he lives there and over the PROPERTY that's located within the county.

I hope this clears up the issue, and I apologize for misunderstanding the first go round.

Expert:  Roger replied 1 year ago.

SORRY for the delay in responding.

I typed my answer and clicked the button to submit it, and it didn't post; so I had to re-type the entire thing again......

Let me know if you need anything else.

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Roger
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