JustAnswer > Legal
Ask A Question|Register|Login|Help
JustAnswer

Legal

Ask a Legal Question, Get an Answer ASAP!

Have your own Legal question?

20 Lawyers are Online Now
characters left:
Not a Legal Question?

Related Legal Topics:

  • Alimony
  • ,
  • Box
  • ,
  • Fee
  • ,
  • Gov
  • ,
  • May
  • ,
  • Job
  • ,
  • Man
  • ,
  • Pay
  • ,
  • Sue
  • ,
  • Back
Bookmark and Share

Question

What Court do I have do to file with to sue to collect for $44,000 debt owed to me? Can I use Court Mediator to collect?

I live in Staten Island, NY and my ex-husband who owes me the $44,000, live upstate NY, and uses a PO Box address.

History of Monies owed:
My Ex-Husband owed me $61,000 in arrears for child support. He drew up payment plan entitled Non-custodial debt owed... began paying back in 2003 and stopped in march 2004 (he lost his job). He asked for time to get re-employed and back on his feet. It's 2009, he is greatly employed and forgot to pay me back... I am in the process of reminding a very unhappy; living the summers on his $60,000 plus 45 foot boat in FL, man.

Submitted: 211 days and 8 hours ago.
Category: Legal
Value: $38
Status: CLOSED
+
Read More

Optional Information

State/Country relating to Question: New York

Posted by FLandNYLawyer 211 days and 8 hours ago.

Info Request

Where did you get divorced?

211 days and 8 hours ago.

Reply

Suffolk County, Long Island, NY

 

Posted by FLandNYLawyer 211 days and 8 hours ago.

Answer


Hello,



You may consider bringing a contempt action in Suffolk. You will need to show the court that its support order is not being followed.


Generally speaking, when someone violates the court orders they are considered to be in contempt of court. To enforce your rights you will need to file a motion for contempt (may also be called an motion to show cause). In that motion you indicate what the orders are and how he has violated them.


You can typically pick the forms up at the clerk of the court's office and file them yourself.


I hope that the information which I provided was helpful to you.

211 days and 7 hours ago.

Reply

I will pay another fee if needed..... let me know.

 

I believe this has nothing to do with the Divorce aggreement.

 

In 2003 I helped my Ex by getting Suffolk County Support Collection off his back. In late 2008 he didn't send money, due to a job change' to Albany. In turn they put a hold on his checking account and threatened to take his drivers license.

I helped by requesting the Restraining order on his checking account be lifted and I requested (at EX's and 5 childrens pleading) to be removed from the Collection and take payment directly from him.

I agreed to settle on $61,000 in arrears for child support/alimony and collect directly from him. Child Support said it was out of their hands and I was personally responsible to keep after him to get the money.

As mentioned, he paid in 2003 and stopped in early 2004 when he lost his job; he notified me he would start repaying when he got a job.

 

I gave him enough time to get on his feet and he is doing well financially. But he is playing dumb right now, offered me $10,000. to end it all.

 

I found out he bought a 45 ft boat for $60,000; sleeps 6 and he plans to dock in FL somewhere and spend part of the time doing his work there for a "Company" he says makes him travel alot. (I am not supposed to know about the Boat)

 

He lives near Bovina Center, NY where he has a PO Box. I moved from West Islip, NY to Staten Island, NY since Sept. 2008

 

 

 

Posted by FLandNYLawyer 211 days and 7 hours ago.

Answer

Doesn't Suffolk still have jurisdiction if you were to request a modification?

211 days and 7 hours ago.

Reply

A is a modification? For suing for the money owed if he rejects paying me back?

 

 

Posted by FLandNYLawyer 211 days and 7 hours ago.

Answer

Hello,

Filing a contempt would be done in the court that has jurisdiction and originally issued the order. Typically it would be the same place a modification would be done. The benefit of bringing a contempt action instead of filing a collection action is that it is much faster, more powerful and you can typically do it yourself. In a contempt you are telling the court that the reason you are owed the money is because your ex did not follow the court's prior order. The court has the ability to jail your ex to enforce payment. This would not be possible in a regular collection action in another court.

You do not have to click accept for each of my posts - but a bonus would be great.

Thank you.

211 days and 6 hours ago.

Reply

The debt collection is no longer under the jurisdiction of Suffolk County Collection Agency... (Child Support Division) it is between 2 private parties now.

 

As I already told you, in 2003 he had a freeze on his checking acct. from Child Support Collection and he begged me to get it lifted and I dumbly helped him and signed paper that I would collect any arrears owed me directly from him. I gave you the history in my previous response.

 

Sorry if by giving you history to how I was owed the money; I have you believing otherwise or have caused confusion.

 

 

He lives near Bovina Center, NY where he has a PO Box. I now live in Staten Island, NY since Sept. 2008

 

My original question> My Ex owes me $44,000...

IF He refuses to pay me the $44,000 he owes me and I decide to sue him ; what court, and what county do I file in? Can I use a Court Mediator?

 

What Court helps me get my $44,000 back? I know it's not small claims.

 

 

Accepted Answer

Hello,

You can file a collection action in the Supreme Court, 6th Judicial District. Here is the link - click here.

Or you can follow the directions in my previous answer even though the debt collection is no longer under the jurisdiction of Suffolk County Collection Agency....

Picture
Expert: FLandNYLawyer
Pos. Feedback: 97.6 %
Accepts: 3728
Answered: 8/21/2009

Attorney

20 years of private practice

+
Read More

Related Legal Questions

  • I work with a gentlemen that is not a u.s. citizen, but hold...
  • I have a judgement on an indivual from Texas, they are now
  • Locked /How do I become emanicpated from my partents in Iowa...
  • My business account was recently terminated without written
  • ok quicker I guess ..If my girlfriend and I have lived in ho...
  • I was in a 21 year gay relationship. My partners will states
  • paid a contractor to put on a new roof paid the man 350.00$
  • I just got my form I-131 travel document for emergency trave...



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2010 JustAnswer Corp.