QUESTION
Can I put out a lien to get what is owed if the divorce was granted about 7 years ago?
Asked on Feb 11th, 2014 on Divorce - Michigan
More details to this question:
I was granted a divorce with a judgment for $10,000. This debt had not been paid in full with roughly $7,000 still owed. My ex has moved to NC and has bought a home.
9 ANSWERS
Heidi Glaser
If you have a valid judgment then you should be able to record it in the appropriate jurisdiction and then have a lien against the property. You may have other enforcement rights available - consult with an attorney in North Carolina to see what your options may be.
Answered on Feb 17th, 2014 at 6:13 AM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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Yes you may file a lien here, and once you get a court from NC to recognize the order from here you can file a lien there too.
Answered on Feb 17th, 2014 at 6:13 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally yes but that is Michigan law. but you should go through the following 1) file a motion for his contempt for his failure to pay in the original court 2) get the original judgment certified in the courts where he now lives (NC) 3) then you may file a lien if NC law allows it on uncollected judgments.
Answered on Feb 17th, 2014 at 6:12 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Yes you have a judgment and can obtain a lien. You will need to register the court order in the new state.
Answered on Feb 17th, 2014 at 6:12 AM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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You would need to check in NC whether you need to register your judgment in NC as a foreign judgment before you record an abstract of judgment on the property.
Answered on Feb 17th, 2014 at 6:11 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Maybe. It depends on whether your judgment is still valid. If it is, you may be able to get a judgment in NC and then put a lien on his place. If the time period for the judgment to be active has run, you are probably out of luck.
Answered on Feb 17th, 2014 at 6:11 AM
If you did not get everything, my suggestion is that you consider going back to Court on a motion to enforce. The Court will assist you in obtaining your property.
Answered on Feb 17th, 2014 at 6:07 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, this should be collectable. Start at the place of the divorce.
Answered on Feb 14th, 2014 at 3:34 PM
You should file a Petition for Contempt of Court in the county that issued the original divorce. You will have to serve her at her new home.
Answered on Feb 14th, 2014 at 3:34 PM