Legal Question in Family Law in California

Re: Collecting on a Asset Division

Good morning.

Your facts are a bit thin. Assuming that there were no other offsetting items that would have equalized the $2,500 differential, and ASSUMING that the Court or other side prepared a Judgement that included language that the $2,500 differential was due from one to the other, then, yes, you may go through enforcement procedures. Small claims court IS NOT the proper means of collecting.

If the court merely issued its orders dividing the assets such that you got one car and she got the other and there was no language about any equalizing payment, then you may well have a degree of reversable error. The judgment may be apealed within 60 days of entry. If it is within 10 days of entry, you can file a motion called "Reconsideration" and point out to the Court the obvious errors.

I cannot be more specific as you provided very little facts to give an indepth response.

Sincerely,

Mark Mitchell Geyer

Re: Collecting on a Asset Division

You can enforce your rights in the current action. Since this court has jurisdiction over the issue, Small Claims court will not have jurisdiction. You will need to bring a motion. Good