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    rafapaz's Avatar
    rafapaz Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 5, 2012, 09:55 PM
    Judge ordered payment plan
    I won a money judgement and the judge ordered a monthly payment installment. However I have not received any payment. How do I take them back to court to let the judge know they are not following his order.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 6, 2012, 04:51 AM
    In most cases a judge cannot force someone to pay. However, they can issue a writ of execution to garnish salary or attach assets. However, you have to find where they work or where their assets are.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Feb 6, 2012, 06:19 AM
    As ScottGem suggested, it is extremely rare for a judge to be able to order a defendant to make payments on a judgment. In fact I doubt that the judge has the jurisdiction to do this. It could be that the judge was instead attempting to mediate a payment plan, and to encourage them to pay the judgment. If you truly have a judgment that requires them to abide by a payment plan, move that they be held in contempt of court.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Feb 6, 2012, 09:25 AM
    I am going to assume you are not in the US or Canada, since it is not normal for a judge to set up a payment plan. Normally if not always, they merely award a judgement.

    But in the US, the judge merely orders it to be paid, then it will be up to you to find the money and get it, if they will not just pay. So you will need to find their bank accounts, find where they work and so on.

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