Ex-Wife Owes Me Money

[PAORVA]

In Oregon

In our divorce decree my ex-wife agreed and it was so ordered that she would assume the credit card debt. However, she has not made a payment to one specific credit card that I was listed as the primary for six months. Six months of late fees caused the debt to increase by an additional $1,200 dollars and not to mention my credit rating was being harmed.

So I piad the debt off to the tune of about $5,000 just to stop the debt from increasing each month becuase she would not contact the company and make arrangements to pay.

So would taking her to small claims court be the correct course of action to take in an effort to get my money back? If I win a judgement, what do I need to do to get my money? How would I go about getting her tax return money?, I know that will be a large sum of money that will be coming to her at tax time. She also has a car, is it possible to put a lien on the car? Any help will be appreciated.

 

[ndragon]

Have you considered a hearing with a judge regarding the enforcement of your divorce decree? You may want to see if this can be handled without filing a small claim.
I don't know about small claims in Oregon, but I can tell you what I know about Utah... it may apply.
Yes, small claims would be a viable option. Double check the limits on small claims amounts in your district, I know they vary.
As far as collecting on a judgment; I had to do this once and it is a pain. In order to file a writ of garnishment to take her tax refund, you need her SSN. If you have that, ask the clerk at your local courthouse for the proper forms. This is time sensitive considering she can receive her refund early in the year. If she already has it, you will find it more difficult to collect.
I know that in Utah, small claims can only be used to collect money. You can't take property. I don't know how you would go about putting a lien on her car or even if you can.
Good luck.

-Nick

 

[PILawGirl]

You can always file a motion to enforce the divorce orders. Technically, she is in contempt. A Writ of Execution does wonders as well.