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jeanineboyle · Mar 12, 2009, 04:14 PM

I have a judgement against my ex-husband for $1500.00. How do I collect this money. How do I garnish his wages/and or bank account?

George_1950 · Mar 12, 2009, 04:28 PM

Welcome to AMHD. What state?

jeanineboyle · Mar 12, 2009, 04:34 PM

Washington state. This judgement if for legal fees that he is required to pay.

George_1950 · Mar 12, 2009, 04:43 PM

Check this: Garnishment is allowed under RCW 6.27.005. It is limited to greater of 25% of disposable earnings or thirty times the federal minimum wage. RCW 6.27.150 and 6.27.010 State wage garnishment and attachment rules

Here is some info about garnishment in superior court: Washington Revised Code RCW 6.27.060: Application for writ — Affidavit — Fee. - Washington Washington Revised Code RCW 6.27.060: Application for writ — Affidavit — Fee. - Washington Code :: Justia
By the way, you should be able to recover your filing fee along with the principal and interest (computed at the legal rate, from the date of judgement).

You may want to locate a small claims court in the garnishee's jurisdiction; this site may help: Small claims court forms for filing - collecting judgments

jeanineboyle · Mar 13, 2009, 08:39 AM

Hi,

Thanks for your response, I will look into the small claims court to see if I can recoop my costs for that judgement.

I have another question. If I have a money judgement against someone, will they still have to pay if they go through bankruptcy?

Most specifically, I signed over all assets, quit claimed them to my ex-husband in my divorce. In exchange, I was awarded a $45,000 cash settlement from my ex-husband in my divorce decree, that is backed by a deed of trust against the house that we owned together. It is nearly 6 months past the time that he was supposed to pay me, and he has still not paid it. He has stated that if I go after him to try to collect on it, he will just claim bankruptcy. If I get a judgement for $45,000 plus the interest that is accruing, would that protect me if he does file bankruptcy? What else could be done to protect myself?

It should be noted that I am in the fourth lean position on the house, and in today's economy, the houses have depreciated so much, there may not be enough equity left if I decided to foreclose to re-coop my interest in it.

Thanks,
Jeanine

George_1950 · Mar 13, 2009, 09:07 AM

You have been "awarded" a $45k settlement in your divorce decree; is the ex to pay this in monthly installments? Has he defaulted?
I would not want to encourage or discourage you about an agreement I have not seen. It sounds as though he is playing 'truth or dare'?
You know him better than I; but intimidation is not a game I like to play. If he is willing to go bankrupt, then so be it.
Short of bringing that issue to fruition, you may try to hold him in contempt of court for not complying with a divorce decree. You may be able to go for wilful contempt, which can get him some time in the county calaboose. He may be able to discharge the debt in a Chapter 7 as 'property settlement', unless the language in the decree mentions alimony or support for you or a dependent.

jeanineboyle · Mar 13, 2009, 09:22 AM

The note was due to be paid in full by September 2009. There was no mention of payments to be made. So yes he has defaulted. I appreciate your help, it at least gives me a place to start.

George_1950 · Mar 13, 2009, 09:27 AM

Originally Posted by jeanineboyle

The note was due to be paid in full by September 2009.

You mean, September 2008?

jeanineboyle · Mar 13, 2009, 02:46 PM

Ooops, yes 2008

samiam0197 · Dec 11, 2009, 09:04 AM

I was awarded half of the balance of a credit card when I was divorced in 2001. The sum would be $5,000.00. I had to file bankruptcy after the divorce due to the debt. We got back together a few times trying to make it work and I never pushed for the money. How do I collect now and can I still collect the $5,000.00?

cdad · Dec 11, 2009, 02:47 PM

Originally Posted by samiam0197

I was awarded half of the balance of a credit card when i was divorced in 2001. The sum would be $5,000.00. I had to file bankruptcy after the divorce due to the debt. We got back together a few times trying to make it work and i never pushed for the money. How do I collect now and can i still collect the $5,000.00?

If the debt was forgiven by a bankruptcy court then it is no longer owed. You can't collect on it if it has been written off.