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#104884 - 05/01/06 08:14 AM Is divorce decree is judgment ?
NeeHelp Offline
recently joined

Registered: 09/03/04
Posts: 11
Judge ordered me to pay money to my X. I paid it. Now X attorney asking for interest.
My questions are :

Is divorce decree is judgment ?
There are orders in divorce decree but Are they judgment ?

Is interest can only apply to judgment ? Or it can apply to ordered too?

Help!!

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#104885 - 05/01/06 06:39 PM Re: Is divorce decree is judgment ? [Re: NeeHelp]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
Is divorce decree is judgment?

---> Yes

There are orders in divorce decree but Are they judgment?

---> Depends on how they are written. There is a section of the Decree that is reserved for "Money Judgments"...if the money the Judge ordered you to pay is listed in this section, then it is a "proper judgment" and has be recorded as such. Now if the money the Judge ordered you to pay is listed elsewhere, it is a "court order".

Is interest can only apply to judgment? Or it can apply to ordered too?

---> It can also apply to a court order depending on how it is written. If you were "court ordered" to pay you ex a certain amount of money to your ex by a certain date or within a certain amount of time and you failed to do so, then interest can be applied from the "due date" on. So if you were to pay say $5,000 to you ex on December 30th and you didn't pay it until today, you can legally be charged "interest" in the amount of $307.30 (1.5%/monthly).

---> If your Decree specified a date and you failed to pay it by that date, I would pay the interest due (so long as it's not more than 1.5%) or you could find yourself owing attorney's fees.
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#104886 - 05/02/06 05:15 PM Re: Is divorce decree is judgment ? [Re: Gecko]
NeeHelp Offline
recently joined

Registered: 09/03/04
Posts: 11
Thanks Gecko.

There are no dates to pay and there is no section in the Decree that is reserved for "Money Judgments". There is no “Judgments” word in the decree at all.

X’s Attorney, still asking for interest. And X did not pay my credit card yet.

The expiation you give, does it have write any where ? or it depends on judge?

Do not know what to do ?

Thanks

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#104887 - 05/02/06 08:07 PM Re: Is divorce decree is judgment ? [Re: NeeHelp]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
Write back to the attorney and say that there is nothing in the Decree about interest due payable.

However, his client is in contempt for failing to pay the credit card debt as so ordered and INTEREST IS accruing. His client has xx amount of days in which to pay the credit PLUS the interest due or you will be forced to bring this matter up before the courts and his client can pay your legal fees.
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If you air your dirty linen in public, expect people to comment on the skid marks!

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#104888 - 05/03/06 02:46 AM Re: Is divorce decree is judgment ? [Re: Gecko]
NeeHelp Offline
recently joined

Registered: 09/03/04
Posts: 11
Thanks again

X’s attorney is saying under 44-1201 statutory , I have to pay interest or he is going to file for enforcement of decree.

Do you know any good attorney who can handle this monster ?

Thanks

http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/44/01201.htm&Title=44&DocType=ARS


44-1201. Rate of interest for loan or indebtedness; interest on judgments

A. Interest on any loan, indebtedness, judgment or other obligation shall be at the rate of ten per cent per annum, unless a different rate is contracted for in writing, in which event any rate of interest may be agreed to.

B. Interest on a judgment on a condemnation proceeding, including interest which is payable pursuant to section 12-1123, subsection B, shall be payable as follows:

1. If instituted by a city or town, at the rate prescribed by section 9-409.

2. If instituted by a county, at the rate prescribed by section 11-269.04.

3. If instituted by the department of transportation, at the rate prescribed by section 28-7101.

4. If instituted by a county flood control district, a power district or an agricultural improvement district, at the rate prescribed by section 48-3628.

C. A judgment given on an agreement bearing a higher rate not in excess of the maximum permitted by law shall bear the rate of interest provided in the agreement, and it shall be specified in the judgment.


Edited by NeeHelp (05/03/06 02:47 AM)

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#104889 - 05/03/06 11:03 PM Re: Is divorce decree is judgment ? [Re: NeeHelp]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
I got your PM and requested that you send me the exact text from your divorce decree on this matter because at this time...with only the information you have provided, the wrong statute is being applied and if so, you don't need an attorney to fight this.

Additionally, you have to consider the amount you are being asked to pay verus the cost of your defense. If they are asking for $300 in interest and an attorney charges you $500...you can do the math. But then again, there is always the "principal"...that you shouldn't HAVE to pay and I understand that.

But be that as it may...I cannot suggest anything until I know more information.
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If you air your dirty linen in public, expect people to comment on the skid marks!

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