Asked in Family Law for Oregon

Q: Money judgement ordered in custody case in 2014, too late to file for contempt. How do I get my money judgement

I have a money judgement that was ordered during a custody case for medical expenses. The judgement was to be paid within 30 days after entry and has a interest of 9% per year. The order was filled in 2014, and the other party has not paid anything. I went down to the Multnomah County courthouse family law room to request paperwork for contempt however, the paperwork states I must file my motion within 2 years of the judgement. It has been longer than 2 years, what are my other options?

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2 Lawyer Answers
Vincent J. Bernabei
Vincent J. Bernabei
Answered
  • Beaverton, OR
  • Licensed in Oregon

A: A child support judgment is valid and enforceable for 25 years, so you could let it ride and collect 9% interest for a while. If it is not a child support judgment, then it is valid and enforceable for 10 years but can be renewed for another 10 years if done before 10 years elapses from entry of judgment. You could also issue a writ of garnishment against the debtor's income or bank accounts, or attach other assets, depending on the amount of the judgment.

Joanne Reisman
Joanne Reisman
Answered
  • Portland, OR
  • Licensed in Oregon

A: Why don't you just garnish the person that owes you the money? If the Judgement was properly docketed as a Judgment you should be able to serve a garnishment on the debtor's employer (to garnish wages) or you can garnish the bank where they bank and it will grab their money in the bank. I would get an attorney to help you with the garnishment paperwork. Some attorneys might be willing to just take a percentage of what you collect as payment. (This assumes that they work in Oregon or bank with a bank that has a branch in Oregon.)

I don't agree that there is a two year restriction on filing for contempt. If the person was supposed to pay you in 30 days and didn't they are continuing to disobey the order through today's date, which means that the contempt is still happening. But filing for contempt may be a waste of time because all that does is bring them in front of a judge who can only scold them and maybe add additional charges to what they have to pay you, but it won't get it paid. A judge can't put someone in jail for a complaint filed by a person like yourself which is solely a civil contempt. Only a district attorney or a Judge on their own motion can initiate a criminal contempt action which could have a jail sentence and then the person in contempt is entitled to a court appointed attorney. I would focus on collecting the judgment through a garnishment or other means. The Judgment would also become a lien on any real estate that this person owes if you make sure that it is transcribed to the county court where the person lives and owns real estate. If the person lives out of state it is a bit more complicated to collect. You will have to talk to an attorney for how to deal with an out of state debtor.

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