Need help Quick....College expenses etc.......

[Darryl]

Dear Soc,

  I was court-ordered to pay 60% of my daughters college. I made a few payments as I was able. I called the CP on the very day I received a certified letter with the final billing after my daughter graduated. I have been cooperative from that date forward.

  She obtained a lawyer over my filing to stop child support after emancipation. Of course she then discussed the money I still owed for college.

  We agreed on an amount owed, then her lawyer goofed around forever in writing up the "Satisfaction of Judgement". I wrote back that I had no dispute with the amount we agreed upon (there is no judgement for a set dollar amount) but I had just paid off a 401k loan and would have to wait 60 days (that's the rules) before I could take out another loan for $12K+ to pay off my ex (her client).

  Today I get a NASTY letter stating that I have until Oct. 8th to pay her client in full or they are going to file a contempt motion and I will also have to pay her atty. fees. I wouldn't think they could win atty fees since we have all been in agreement (of sorts) to settle this matter.

  Frankly, it seems like 'scare tactics' to me. Litigation will take even longer than the 60 day wait I had informed them of. Plus, as I stated there is not even a clear concise 'judgement' for a set dollar amount.


  1. Would we not have to litigate the actual amount owed through discoveries, interrogatories etc. before they could successfully file CONTEMPT? (She included all sorts of ridiculous expenses she TRIED to bill me for that weren't under court order).

  2. This really is the only way I can get my hands on $12k, are they just bullying me?

  3. I also proposed that the money be held in trust or escrow with a third party (sheriff's dept or circuit clerk) until the judge signs the "Satisfaction of Judgement". They responded that a judge NEVER signs a S.O.J., that it is merely filed with the clerk. Bologna or the truth?

  4. How can I respond to this threatening letter in an effective manner?

  5. I might not be as willing to pay it in one lump sum if we have to litigate the matter, leaving them the option to get it SLOWLY through wage garnishment. How can I convey that without sounding like I am blackmailing someone? (You know, put it nicely, no longer agree to pay it up front)?


 Thanks Soc, hoping to hear from you soon.

[Darryl]

Dear Mr. (Me),

   I received your September 15 letter in an envelope postmarked September 27.

  It would be inappropriate for your payment to be made to a third party. A Satisfaction of Judgement is never signed by the judge; it is filed with the circuit clerk. If you wish to bring the Satisfaction of Judgement containing your notarized signature and meet me and Mrs. (her) at the courthouse, I can notarize her signature in return for the certified check. You can then file the Satisfaction of Judgement with the circuit clerk as soon as the check is received.

  You neglected to enclose any proposed changes, and I seriously doubt that any changes are necessary. Therefore, unless you provide my client with a certified check for $12,220.50 by October 8, 2006, as set forth above, Ms. (her) will file a Motion for Contempt, for which you would pay her atty. fees.

                            Sincerely, (Her Lawyer)

Note by me: Yes there are changes I need incorporated, none of which change the amount we agree as owed.  I informed her atty that I would forward those changes in seperate correspondence, a fact that they chose to ignore.  

[socrateaser]

>  1. Would we not have to litigate the actual amount owed
>through discoveries, interrogatories etc. before they could
>successfully file CONTEMPT? (She included all sorts of
>ridiculous expenses she TRIED to bill me for that weren't
>under court order).

Contempt requires a valid and enforceable court order, for which the defendant must be in willful and conscious disregard. Without knowing which order under which they will claim your contempt, I can't answer your question.

>
>  2. This really is the only way I can get my hands on $12k,
>are they just bullying me?

I read the letter. It seems fairly typical -- if annoying.

>
>  3. I also proposed that the money be held in trust or escrow
>with a third party (sheriff's dept or circuit clerk) until the
>judge signs the "Satisfaction of Judgement". They responded
>that a judge NEVER signs a S.O.J., that it is merely filed
>with the clerk. Bologna or the truth?

The judgment creditor signs and files a satisfaction of judgment, to tell the world that the judgment is satisfied. The judge is not involved.

>  4. How can I respond to this threatening letter in an
>effective manner?

Without reading the court order they're referring to, I don't know.

>  5. I might not be as willing to pay it in one lump sum if we
>have to litigate the matter, leaving them the option to get it
>SLOWLY through wage garnishment. How can I convey that without
>sounding like I am blackmailing someone? (You know, put it
>nicely, no longer agree to pay it up front)?

You don't have to put it nicely. If you don't have any money, then the only way that they can get it is to garnish it. However, with a support garnishment for arrears of 12 weeks or more, and current support, they take get as much as 60% of your net disposible after tax income, which could leave you in rather great financial dificulty.

But, as you say, if you can't raise the money at the moment, then there's not much they can do to collect, so just tell them you don't have any way to get the money and if they want to negotiate fine -- if they want a contempt motion, that's fine too, but you don't have the ability to pay, and that is an affirmative defense to the contempt -- so they'll be wasting their time.

[Darryl]

                           October 01, 2006

From:    (ME)

To:   (HER LAWYER)


Re: (Me) vs. (Her)

Dear Ms. (Lawyer):

      I received your letter dated September 28, 2006. Please excuse my error, I have found that you are correct regarding the procedures for filing a "Satisfaction of Judgment".  Therefore, I find your proposal acceptable that all parties meet at the courthouse to exchange a certified check for a notarized "Satisfaction of Judgment".

      I state again that I do not currently have the ability to pay your client in full, nor the means to acquire said funds. I wish to settle this matter at the soonest possible date and that date will be in early to mid December as I stated in previous correspondence.

      If your client still wishes to file a motion for contempt that is her choice. I am sure you are aware that litigating this matter will take far longer than the timeframe I have set forth, and agreed, to pay your client in full. As there is also not yet a judgment for a clear, definable dollar amount we will first have to settle that matter through Discoveries and  Interrogatories etc.

      I also think you will find the court order silent and/or vague on the timeframe for reimbursement. I have been in constant negotiation and agreement to pay since the final billing from your client. I have also stated the date I will have the ability to pay, and as it is in the very near future it is reasonable. I feel you have a weak case proving willful and conscious disregard on my part to prove contempt. I also feel that your client choosing to take this matter before the court when a reasonable alternative exists will not likely result in an award for attorney's fees.

      I further wish to state that a lengthy and expensive litigation may compromise my ability to pay your client in full.

      The changes that I am requesting to the "Satisfaction of Judgment" are merely to correct omission of amounts previously paid to your client (changes underlined).

      



Paragraph (2), sub-paragraph 2 should state:

      Blah, blah, blah

Paragraph (2), sub-paragraph 3 should state:

      Blah, blah, blah


Paragraph (2), sub-paragraph 4 should state:

      blah, blah, blah
      

Please let me know how your client wishes to handle this matter.



      


                  Sincerely,



   (Me)

[socrateaser]

Dear Ms. Lawyer:

I received your letter dated September 28, 2006. I will agree to provide a certified check in the amount of $____, in exchange for your immediate filing of Satisfaction of Judgment. This amount reflects the following inaccuracies:

Paragraph (2), sub-paragraph 2 should state:

Blah, blah, blah

Paragraph (2), sub-paragraph 3 should state:

Blah, blah, blah


Paragraph (2), sub-paragraph 4 should state:

blah, blah, blah

Filing a motion for contempt against me for failing to pay the ordered arrearages, is in my view, a waste of both the court's time as well as a waste of your client's financial resources, because my inability to pay is an affirmative defense to the contempt. The only resource from which I can obtain the money to satisfy the judgment is from my employer's 401K plan  -- and the soonest that I can borrow from that account, due to plan restrictions, is ??/??/????. Until then, the money is unreachable.

Furthermore, should you succeed in obtaining a contempt against me, you may place my employment and credit rating at considerable risk, which could further reduce my ability to pay arrears as well as future support.

Therefore, I propose that we wait until ??/??/????, at which time I will borrow the necessary funds from my 401K (plus statutory interest for the intervening period), at which time we can arrange to meet and complete the transaction.

I look forward to a positive response.

Sincerely,

Darryl