Small Claims for Judgement?

Hi...

Just a quick question.  If I have a judgement that says my ex has to pay me X amount of dollars, and she just flat out refuses, can I file in small claims court against her?

Thanks,
Jerry & Xiaomin

If you already have the judgement, why file in Small Claims?

You need to study up on what to do to collect your judgment.

Thank you so much Kivi... I believe I do have some research to do on collecting what she owes me.  You're right, getting a second judgement would be pointless.

Jerry & Xiaomin

If its part of a divorce order thar EX failed to comply with, it might trigger contempt?

She's definitely in contempt, and for more than just what she owes me, but the judge is apparently pro-mom no matter what she's done, so I don't stand much of a chance in raising a contempt issue. 

Thats OK--but if she is in violation of part of a divorce order that is still a much more potent hammer than if she is merely in breech of some  judgement. Contempt for court can be a powerful hammer.

Now I understand that in many places the courts are slow to swing the hammer --at least for minor stuff.  But ultimately you should be able to get them to swing it. Especially if she is in persistent violation of order and making no steps/progress to cure it.

Now if she was ordered to pay you something or assume some debt and it is impossible for her to do so that may be a decent affirmative defense--we don't put folks in jail for inability to pay--we put them in jail for refusal to pay as ordered--sometimes.

Note, it possible to wipe out many a court ordered divorce debt by bankrupcy with probable exception of alimony and child support.  

Contempt is a quasi-criminal issue and involves higher standards of proof. You need to show that there is a valid order, that your opponent knows about the order and has the ability to comply. That last one can take work to prove if your opponent is careful and crafty. In my experience, the courts tend to want to see problems resolved rather than raised as issues to fight as contempt.

The good thing is that you already have a judgment and order. Perhaps you could ask the court to impose statutory interest on the debt (which you are rightly owed at 10% annual rate on any debt over 30 days past due). That would make the court aware of the problem and help if you had to go further for contempt. While you are at it, you could ask for costs in having to bring the action (but you have to show that opponent can pay).

If it is a small claims sized debt, that would probably be the cheaper way to go. The higher the standard of proof, the more time and money you pay to make your case.

Take my opinion for what it is worth. I am not an attorney (But I have been in court over 50 times [mostly family law], representing myself most of that time and have conducted a three day trial).