Reasonable amount of time (post-judgment)

[hoosierpapa4]

Soc, a judgment (monitary) was rendered in a modification of child support here in Indiana back in February (about 3 weeks ago).  The dollar amount came from the calculation of a negative arrearage due to overpayment of support.  I am now writing a certified letter requesting payment, and assume that it will go unanswered and will have to send another, then file motion for contempt and rule to show cause.

1) What is a reasonable amount of time to wait, post judgment, before requesting payment?

2) Assuming that my first letter goes out today, how long should I wait before proceding to letter number 2, then motion for contempt?

Thanks in advance.

[socrateaser]

>>1) What is a reasonable amount of time to wait, post
>judgment,
>>before requesting payment?

You need to wait until the time for filing of a notice of appeal/reconsideration is passed (usually 30 days) -- although a judgment is not automatically stayed on appeal.

You have no obligation to demand payment. You are not mitigating your losses, and this isn't some breach of contract action. The other parent knows she's in arrears for failing to pay support.

But, if you want to be nice, then 30 days is certainly time enough to come up with the dough.

>>
>>2) Assuming that my first letter goes out today, how long
>>should I wait before proceding to letter number 2, then
>motion
>>for contempt?

You don't even need letter #1. However, a money judgment is not enforced via contempt. You get contempt against someone who fails to pay ongoing support as a sanction to encourage their cooperation or to force them to seek employment that you can garnish.

A money judgment is used to liquidate an amount owed to a definite and certain amount that can be executed on by the Sheriff, against the property of the debtor.

So, if you know of some valuable asset (i.e., real property) that the debtor has, and that you can have seized through a writ of execution, and then sold in a public auction, then you just need to have the court clerk issue a writ of execution and then you take it to the Sheriff and tell him/her to go get the property and sell it.

If the property is money, stocks, bonds, etc., held at a financial institution, then you get a writ of garnishment and order the garnishee (institution) to deliver to you the funds necessary to satisfy the judgment.

If you don't know where the debtor's property is or how much exists, then you file a motion for a judgment debtor hearing and the debtor must appear and tell you where the assets are (produce documents, etc.). Then, if the debtor fails to appear or refuses to tell you about the assets, then you can ask the court to immediately find the debtor in contempt for the failure, and get new sanctions.

However, if the debtor has no money or assets with any equitable value, then your judgment is of no value, because there's nothing to collect against.

In which case, you're back to square one, and your motion for contempt is about the failure to pay ongoing support or seek employment, and your sanction is incarceration to encourage cooperation.

Summary:

1. Money Judgment = execution and sale against debtor's property or garnishment of income/financial assets.

2. Failure to appear or testify at judgment debtor hearing = contempt and imprisonment to encourage cooperation.

3. Failure to pay ongoing support = contempt and imprisonment if necessary to encourage seeking employment or actual payment.