Legal Question in Civil Litigation in Georgia

Domestic Contempt

My ex-wife owes me nearly $6,000.00. This was her share of marital debt she agreed to pay. We have been divorced since 12/07. She refused to pay.

Acting as my own attorney, I took her back to court and the Judge ordered her to pay and she agreed. It was also orderd that if she failed to make payment, then the money would be obtained by continuing garnishment of her pay. She made three payments and stopped paying. I then followd the process the court said was necessary to have her wages garnished.

After waiting the alloted time for her employer to answer, upon follow up, I was told that she has been in bankruptcy since 12/06 and they would not further garnish her pay without some kind of writ. Having no legal background, I am clueless to what a writ is. I do, however ,know that I want what she owes me, especially since she agreed to this in court knowing her situation.

Is it still possible for me to get payment while she is in bankruptcy? If so, it would be well worth it to me to obtain a lawyer at this point if I can receive my rightful compensation. Even after attorneys' fees I should break even. What do you think?


Asked on 4/06/09, 4:15 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Domestic Contempt

You had better hope you don't get sued for your violation of the automatic stay. Once she filed bankruptcy, you likely violated federal law with your attempt to do a garnishment. Depending on the wording of your divorce, her debt to you may or may not be dischargeable in a bankruptcy, and your long delay in filing in that case may mean you have waited too long to collect. At this point, in not hiring a lawyer when you needed one, you may have lost rights you had. Still, see a lawyer immediately. A lawyer will need to see all your divorce papers and all her bankruptcy papers to know if you still have a remedy or not.

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Answered on 4/06/09, 11:33 pm


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