enforcing money owed in divorce decree

[smalltown2]

NY State
---

I am asking this question for my neighbor D., so sorry if I'm missing pertinent info, just let me know.

D. divorced his wife, A., 1 to 2 years ago, in NY state (both still live there). They were joint mortgage holders. She got the house, but agreed to refinance (to get his name off) and pay him 10K by a certain date.

A. didn't pay or refinance. She's had the house on the market for about 2 years w/ no sale. D. wants to know what he can do to enforce the 10K.

D's unhappy with his attorney, who wants another $1500 to try the enforcement, and who throughout the last situation would email his ex-wife directly to convey information or respond to her. (I know this may not seem relevant, but don't attorneys almost ALWAYS avoid emailing the opposing party directly? This atty says his ex-wife is acting as her own attorney so she has to, but my personal experience with lawyers is that they NEVER do that. Should he get another atty?)

Is it possible for D. to garnish A's wages to enforce this judgement w/o the use of an attorney, given the paperwork he already has?

If not, suggestions?

 

[seniorjudge]

What, exactly, does the judgment in the lawsuit say?

 

[tuffbrk]

What, exactly, does the judgment in the lawsuit say?

You're kidding right? The OP doesn't even know if the divorce was 1 or 2 years ago!!

 

[smalltown2]

What, exactly, does the judgment in the lawsuit say?

I will find out and post back tonight/tomorrow, thanks so much.

 

[Silverplum]

I will find out and post back tonight/tomorrow, thanks so much.

Please have the entire file with you, so you can quote word-for-word. Thanks.

 

[penelope10]

Please have the entire file with you, so you can quote word-for-word. Thanks.

Perhaps the best thing would be to have your friend post a thread since that person will know all the factual information...

 

[seniorjudge]

You're kidding right? The OP doesn't even know if the divorce was 1 or 2 years ago!!

CAUTION...THREAD HIJACK

This reminds me of the fellow I knew who told me that Michael the Archangel visited him "14 or 15 years ago."

Something like that would stick in my mind with just a tad more detail.

(Humble apologies for the hijack; it's all tuffbrk's fault! )

 

[penelope10]

CAUTION...THREAD HIJACK

This reminds me of the fellow I knew who told me that Michael the Archangel visited him "14 or 15 years ago."

Something like that would stick in my mind with just a tad more detail.

(Humble apologies for the hijack; it's all tuffbrk's fault! )

What was that old saying from Flip Wilson (man am I aging myself) "The devil made me do it!"

 

[smalltown2]

Perhaps the best thing would be to have your friend post a thread since that person will know all the factual information...

He doesn't have a computer so I'm doing the best I can.

 

[penelope10]

He doesn't have a computer so I'm doing the best I can.

Perhaps he can come over to your house and use yours.

 

[seniorjudge]

Perhaps he can come over to your house and use yours.

Is that what they're calling it these days?

I have GOT to start paying more attention.

 

[penelope10]

Is that what they're calling it these days?

I have GOT to start paying more attention.

Whoopsie---I meant COMPUTER, LOL!!!!

 

[smalltown2]

Perhaps he can come over to your house and use yours.

I know it's hard to believe, but not everyone is computer literate, not everyone can type.

I live in a rural area and there are many intelligent people here with hands-on skills who have never used a computer, my neighbor included.

 

[Silverplum]

I know it's hard to believe, but not everyone is computer literate, not everyone can type.

I live in a rural area and there are many intelligent people here with hands-on skills who have never used a computer, my neighbor included.

It's very cool of you to offer him your help.

Once orders are written, we need to know the exact wording so we can figure out what is ordered, and what can be done/changed or not. So that's why you'll need him and his file nearby, ok?

 

[wileybunch]

About this one ....

D's unhappy with his attorney, who wants another $1500 to try the enforcement, and who throughout the last situation would email his ex-wife directly to convey information or respond to her. (I know this may not seem relevant, but don't attorneys almost ALWAYS avoid emailing the opposing party directly? This atty says his ex-wife is acting as her own attorney so she has to, but my personal experience with lawyers is that they NEVER do that. Should he get another atty?

Not for the reason of emailing his ex. If she was acting as her own attorney, that IS why his attorney was communicating with her. If she had her own attorney, then he would communicate with her attorney.