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JPEsq.
JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5106
Experience:  Published articles on family law, featured in several publications for successful trial work.
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Need to know how to file a judgement against someone? Short

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Need to know how to file a judgement against someone? Short story. My husbands ex-wife was receiving alimony from my husband. She became married and didn't tell anyone. When they divorce two years later, we found out she was married while getting her alimony. She owes us back over $ 7000.00.
What are the steps we did to take, so the courts order her to pay us back?

The most efficient way to get a court order is probably by filing a Motion to Enforce Litigant's rights for Contempt of Court. The Court's Order most likely specifies that alimony would terminate if she became married, and by hiding this fact, she has willfully disobeyed the Order of the Court.

You you can file a Motion to Enforce for Contempt. The court will probably order a repayment, and can reduce the amount to a judgment for your husband. That means that he can use the courts to collect on it through attachment or garnishment.

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Customer: replied 5 years ago.

Need to know what county do we file the motion in? The county that they were divorce in?


How do we find her address.?


She knows she owes it, and has keep she address from everyone.


The divorce was done in Somerset County, NJ....


She divorce from her recent husband was in Bergen County, NJ

You will have to have her address to serve her. I don't really have any specific advice on how to find her address... as it depends on what the circumstances are. Usually reaching out to family and friends is the easiest, but you might have to pay for an internet lookup service or even a private investigator. If you know where she works, you can just serve her at work.

You would file it in the county where the order was entered, Somerset. You can also file it in her home county or his home county, but there will be an additional step of recording the order.

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Customer: replied 5 years ago.

Can you give me examples on how to file a motion?


Also, is there a time limit how filing a motion?


We found this out about 2 years ago. Does that cause a problem?


I didn't know where and how to go...


 

There is no specific time limit on contempt, but if you found out 2 years ago, the judge may very well say you waived it by waiting this long. You could argue that she kept making promises or stringing you along, and thus the issue is preserved though.

You take the motion to the court clerk's office with 2 copies, and ask to file it. They will file stamp it, keep the original for the court. You will serve a copy on the ex wife, and keep a copy for yourself. Then a court date will be set and you show up, that's it.

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