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If there's a $10,000 judgment against me that the judge said…

If there's a $10,000 judgment...
If there's a $10,000 judgment against me that the judge said I would need to pay a person but didn't really state it as an order rather I was responsible to pay part of a bill, can I just send $20 a month so I'm in compliance since no amount was stated in the order for me to pay? The opposing attorney wrote me a letter and said I have to agree to $250 a month or he'll file a contempt of court. There was no order about how much or what time frame in fact I was ordered to pay another party 6 times that amount and that order appears first. Can I make any payment so that it will stop them from filing an order to show cause?
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Answered in 14 minutes by:
3/7/2018
Thomas Swartz
Category: Family Law
Satisfied Customers: 3,238
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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HelloCustomer

When there is a judgement against you, typically there are no conditions about how much you have to pay on a certain time schedule. This is because the amount of the judgement is really due immediately. The opposing side can demand that payment be made immediately or they can seek a levy or your property or garnishment of wages. If the opposing attorney is willing to agree to a $250 payment per month, and not $20 a month you are in a difficult position. If you don't get the opposing attorney to agree to a payment schedule, he could bring a contempt motion against you or use other methods of collection such as a levy of property or a garnishment of wages. Any amount of payment you make on a monthly schedule would have to be agreed to by the opposing counsel.

Thomas

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Customer reply replied 1 month ago
The issue is that the attorney and my ex know that I don't have the money as I am disabled and have a small amount of money to live on. Currently I don't make enough for the medications I'm supposed to take which puts me at a higher risk of heart attack and stroke. This is the third time they've done this where they take me to court knowing I won't have an attorney and seek money after me. The 100% honest fact is that the judgement against me was made because the opposing party Flatout bold-faced lied to the judge, underoath on the witness stand and in several affidavits. can I ask that the Judgment be dismissed either due to fraud or that I have no ability to pay it. I should mention that the order was made in April of 2016 and they have never said a word and almost 2 years. does that change anything?

If indeed you have evidence that the other party lied, you can make a motion to reopen the case for you to present evidence that the other party presented false testimony. If and when you go back to court for contempt, you can then explain to the judge your medical situation, and the court will likely allow you to enter into a payment schedule that you can afford.

The fact that the order was made in April 2016 is not important. In Utah judgment are good for 8 years. So there is still plenty of time for the opposing side to collect on the judgment.

Thomas

Thomas Swartz
Category: Family Law
Satisfied Customers: 3,238
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Thomas Swartz
Thomas Swartz
Thomas Swartz, Lawyer
Category: Family Law
Satisfied Customers: 3,238
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Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

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