Legal Question in Family Law in California

If an MSA is a judgement ,can we inforce it in small claims court

My fiancee and his ex-wife agreed that she would pay the credit card debt but did not attach a dollar amount to the debt. There is still a debt of $6000. .. to rectify. Can we pursue this amount in small calims court? There is a concern of retribution if we go back to family court.


Asked on 3/31/08, 5:39 pm

4 Answers from Attorneys

Re: If an MSA is a judgement ,can we inforce it in small claims court

It really depends on what was in the dissolution settlement agreement, when the debt was incurred, and potentially who is responsible for the debt (whether separate or community property).

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Answered on 3/31/08, 5:51 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: If an MSA is a judgement ,can we inforce it in small claims court

No, this is an issue of the family law court and must be resolve there. Good Luck, Pat McCrary

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Answered on 3/31/08, 6:40 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: If an MSA is a judgement ,can we inforce it in small claims court

Bring a contempt action in the family law court.

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Answered on 3/31/08, 11:35 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: If an MSA is a judgement ,can we inforce it in small claims court

Bring a contempt action in the family law court.

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Answered on 3/31/08, 11:36 pm


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