If an ex-spouse does not uphold their part of a marital settlement agreement, how do I go about prosecuting?
Please do not say "ask a lawyer" or anything similar to that. I am looking for information on how to go about it in court.
*The divorce was in Texas.
*The spouse was to take over payments and paperwork regarding a vehicle and did not do so, resulting in the vehicle being repo-ed.
*The marital settlement agreement was reviewed and approved in court the day of divorce.
The amount is more than allowed in small claims court. The amount is ,000 and the small claims cap is ,000.
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Tagged with: divorce • lawyer • marital settlement agreement • paperwork • repo • small claims court
Filed under: Ways To Get An Ex Back
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If your only concern is the car than you really don’t need a lawyer. Sorry to tell you but you say take over the payments, so I’m assuming that the vehicle was financed in your name or both of your names. That means that if it was repossessed it’s on your credit now. That you will not be able to remedy. If your concern is being contacted by the finance company then all you have to do is fax a copy of your divorce decree to the creditor/collection agency. Lastly if you are concerned about any money he might owe you than you simply have to file another motion with the family court. Hope that helps. Good Luck.
Get all your evidence together and go back to the issuing court. He could be charged with contempt for not following the rules of judgement, plus fines to you and the court. You could also request that he pay for any attorney’s fees that relate to this new court appearance. Then you would need to send the new judgement to the 3 reporting credit agencies to have it taken off your creidt report.
File a motion to enforce the Marital Settlement Agreement (MSA). Also, as you may know, the finance company is not obligated to honor the MSA even if you obtained the divorce. The persons obligated to comply with the MSA are you and your Ex.