Debt Collection, Garnishment, Repossession

questions & answers

Question: In my daughter's divorce decree it states that her ex-husband pay me $3,900.00 at $50.00 per month, they were divorced May of 07. I haven't received a dime, is there a statue of limitations on this?

Answer:

In Arizona, a judgment is good for five years, and can be renewed every five years indefinitely.

If you had a judgment, you would be a judgment creditor and utilize legal means in the collection of monies owed to you (such as a garnishment). An award of child support or spousal support is exempt from renewal, and is enforceable until paid in full.

However, there are two problems: 1) your award was made in someone else’s divorce decree (not a judgment), and 2) I am unsure of exactly what the award was for since it was your daughter’s divorce. I assume it is for some money that your ex-son-in-law owed you. If it was YOUR divorce, you could petition the court for relief and the judge would hold a hearing with you both present, to determine why you were not being paid.

However, you are unable to petition the court for relief in someone else’s case, and your daughter cannot petition the court for relief on your behalf. You are left standing, holding a piece of paper for which no statute of limitations applies, and there is no way to collect what is owed. You need to transform that paper into a judgment. Therefore, your best option for recovery is to file a new lawsuit to obtain a judgment at the Justice Court level, based on the obligation created by the Family Court ruling which your daughter’s ex-husband failed to live up to.