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#182620 - 10/15/07 04:34 PM defendant in civil contempt for failure to obey
shennainigan Offline
Member

Registered: 10/14/07
Posts: 7
I was divorced on 12/06/06 and in the divorce judgement he got basicly everything including both homes(we agreed to all of this by a do-it yourself-divorce) He was to pay me $15,000 within the next 3 years and $100.00 per month towards the balance until he sell or refinances. He hasnt paid a dime and told me to take him back to court because he wasnt going to pay it. I need to know what form to file next can anybody point me in the right direction.

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#182702 - 10/16/07 04:57 PM Re: defendant in civil contempt for failure to obey [Re: shennainigan]
only2reveal Offline
Enthusiast
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Registered: 11/15/06
Posts: 470
Loc: Sunny LA
Was it written in the stipulation? You will need to file an OSC for contempt (California protocol)

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#190719 - 02/23/08 02:00 PM Re: defendant in civil contempt for failure to obey [Re: only2reveal]
shennainigan Offline
Member

Registered: 10/14/07
Posts: 7
Here it is 2008 and he has until July 2009 and the mortgage balloon balance is due.The taxes are behind and payments are late. He hasnt paid any money. I think I need to file an order to show cause? Am I right or wrong

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#190721 - 02/23/08 03:15 PM Re: defendant in civil contempt for failure to obey [Re: shennainigan]
HevnMaidMe Offline
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Registered: 12/03/04
Posts: 4058
Yes, that is right. OSC is the abbreviation used for Order to Show Cause. Any possibility of getting yourself a lawyer this time around, at least to review your documents? He seems pretty confident he doesn't have to pay. Perhaps because of the way it's written he may feel he has up until the end of the third year to pay up all of it.
_________________________
When you know better, you do better -- Maya Angelou

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#199554 - 06/28/08 10:47 AM Re: defendant in civil contempt for failure to obey [Re: HevnMaidMe]
purplepixies Offline
New User

Registered: 10/19/06
Posts: 2
Well I filed the Order to show cause and we went to court on March 15,2008. My judgment seems to be worthless the judge said i needed to have filed a writ of garnishment" Order after motion hearing held on March 17, 2008 This matter having come before the court by way of the plaintiffs motion for an order requiring the defendant to pay the $15,000 which was set forth in the judgment of divorce, and the court having considered the records of this case, including the lauguage of the judgment of divorce, and having consideration to the arguments of the parties, and it appearing that the plaintiff has collection remedies available at law beacuse the $15,000 is in fact a money judgment against the defendent, now then. It is ordered, for the reasons more fully set forth on the record" so now what do i do

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#200959 - 07/20/08 11:18 AM Re: defendant in civil contempt for failure to obey [Re: shennainigan]
purplepixies Offline
New User

Registered: 10/19/06
Posts: 2
OK, I talked to a lawyer. He wants $650.00 to do this. But I did it myself for about $50.00, It was $15.00 for Writ of Garnishment periodic, and $15.00 for request and writ of garnishment income tax refund/credit,$5.32 for each one sent certified mail. Now I need to exhaust my resource's by garnishing his wages and things like that. so this is my first step. I think this is a lost cause it will be like getting blood from a turnip. He is now remarried to a girl 22 and he is 37 and has put everything in her name. I have tried everything talking to him face to face offering things in return for receipts paid on this bill but as of today not one penny. PLEASE RESOND I NEED HELP!!!

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#216805 - 04/19/09 01:12 PM Re: defendant in civil contempt for failure to obey [Re: purplepixies]
shennainigan Offline
Member

Registered: 10/14/07
Posts: 7
I took him to court for a discloure of assests and he lied and said every thing in his house belonged to his father in law. also we did a Request to Seize Property and the sheriff said he would stand gaurd will I collected everthing I wanted but I didn't do it. I Have garnished his wages and in 3 years I have gotten $134.54 total. We were divorced in 12/06/06 with a Money judgement of $15,000.00 in Michigan? Now intrest is built up and I don't know how to figure it out. Remember my name is still both deeds and his parents co-signed and they said they were going to sue me to force my name off the deeds. The Full mortgage is Due July 2009. He said I would have to settle for $10,000.00 and sign off the house. because he said he would not owe me for the rest of his life. The main house is vacant he has moved away. Can I move into the house??

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