How to Collect on a Texas Divorce Settlement
Divorce is almost always a difficult prospect for everyone involved. Unfortunately, it is a process that 50 percent of married couples in the Texas will experience. Once a divorce is complete, however, other difficulties can arise. Collecting on a divorce settlement from a concluded divorce suit can be one of the more frustrating aspects of this experience. Lingering negativity or indifference to the ex-spouse can further frustrate the process. In these circumstances, there are steps that can be taken to collect on a Texas divorce settlement.
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Things You'll Need
- Divorce decree outlining the judgment of the court in your favor (your settlement)
- Legal counsel (qualified attorney), licensed to practice on Texas
- Funds necessary for filing and legal fees
Instructions
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How to collect on a Texas divorce settlement
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1
Bring your divorce decree to your qualified attorney. Your attorney may request a retainer for services, offer an hourly rate, or charge a fee for services.
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2
Request that your attorney file an exemplified copy of the settlement spelled out in the decree with the county clerk where the divorce was filed, or where any real property of the non-paying party is located. Be sure that the judgment is attached to any real or personal property the ex-spouse maintains in that county. The judgment will act as alien against the ex-spouse's property.
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3
Request the judgment be used to file a garnishment against the ex-spouse's wages until the settlement is paid in full.
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Tips & Warnings
It is possible for an individual to file a lien and a garnishment without the guidance of an attorney. However, it is likely that the process be completed more efficiently and effectively (and in some cases less costly) with the assistance of a competent attorney.
