A money judgment from a family law case does not expire. The judgment is active and valid until all monies have been paid in full. There are reasons, however, to have your family law money judgment renewed. Family law judgments accrue interest at the rate of 10% per year. For example, if you have a judgment for $20,000, the annual interest would be $2,000. After 5 years with no payments, the amount owed would be $30,000. If you were to have the judgment renewed, all of the money owed would become the new principle. In the example above then, the new principle is $30,000. So, the interest added each year thereafter would be $3,000 instead of $2,000. There is a filing fee, and you must renew the judgment within the first ten years after the date of the judgment. The debtor must be served with the new judgment and will have thirty days to file a motion to vacate or modify the renewal. If you received a judgment awarding you money in a family law case and have not received full payment, contact our office today. Judy L. Burger is known for aggressively representing clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. Call today to learn more about how we can help at (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online using our confidential inquiry form.
Sometimes family law judgments are even harder to collect than regular debts because of the unpleasant emotions attached to the judgment in the mind of the payer. The anger and bitterness that develops during divorce or custody proceedings often continues, even after the court battle is over. If your former spouse or partner was ordered to pay money directly to you, his or her emotions can blur logic and lead to refusal to pay. If this situation is all too familiar to you, and your best efforts to work out payments have failed, then it is time for you to contact an aggressive family law attorney to help you collect. Clients frequently call on us for help to enforce payment of family law judgments. When we first meet with you, we will gather information about your case and explain your options. Here are a few things we may recommend, depending on your circumstances:
- Using legal discovery methods to gain information about the former spouse’s assets. Before attempting to collect, we’ll need to know what assets he or she has that may be subject to levy or seizure.
- Placing a lien on the delinquent payer’s real estate.
- Placing a lien on the delinquent payer’s personal property.
- Seeking an Earnings Withholding Order to get part of the delinquent payer’s wages directly from his or her employer.
- Seeking to levy the delinquent payer’s bank accounts.
If you are the debtor in a family law judgment case who needs to defend against a collection action, your attorney may choose from a variety of options in your defense. One of the tools used to defend collection by way of garnishment is a Claim of Exemption. Your attorney will prepare a document explaining why your wages should be excluded. Certain types of income and property are exempted from garnishment by law. After your attorney files your claim of exemption, the other party has ten days to oppose your claim. Similarly, you can claim an exemption on certain types of property if a judgment creditor is seeking to impose a levy on your real or personal property. The claim of exemption should be prepared by your attorney, who knows which types of income and property are excluded from being subject to a levy. If the other party submits a timely response to your claim of exemption, then the court will schedule a hearing and a judge will make the final decision regarding the exemptions. If you are facing garnishment or levy, or if you are seeking to collect money from a family law judgment, call our office today. Judy L. Burger is known for her aggressive representation of clients in and around the San Francisco Bay and Sacramento areas. If you are dealing with either side of a family law judgment, call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.