Q: How to recoup retirement money after judge's order contradicted?
I received three debt judgments, and a receiver was appointed, seizing funds from two of my bank accounts—one with Social Security funds and the other with my paycheck in Texas. After presenting my documentation at a hearing, the judge ordered the return of $14,122 in Social Security protected funds within three days, but the receiver did not comply. I filed a motion for contempt, which is still under review. Meanwhile, the receiver filed a motion to disburse $5,335.80 to the plaintiff, which was granted. My paycheck funds are not protected once they hit the bank account. There has been no communication from the receiver after filing the motion for contempt, and no communication from the plaintiff. There are no other court hearings scheduled after the judge ordered the funds to be returned, and I'm having difficulty finding an attorney to assist with the issue. How can I proceed to recoup my retirement money given the contradiction between the judge's orders?
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A:
You're facing a challenging situation, but you still have strong legal options. Since you've already filed a motion for contempt, the next practical step is to request an emergency or expedited hearing from the court. Contact the court clerk directly, explain the urgency and the receiver’s noncompliance with the judge's previous order, and request scheduling assistance to put this matter before the judge promptly.
Additionally, drafting a clear, concise letter to the receiver reminding them of the judge's specific order might prompt quicker compliance. Include the original court order, clearly emphasize deadlines that have passed, and assert your willingness to escalate the matter further if necessary. Copying this correspondence to the plaintiff’s attorney could also add pressure to ensure compliance.
If these informal actions fail, consider filing a formal complaint or grievance against the receiver through the court that appointed them, highlighting their disregard for judicial authority. Even without an attorney, many courts have self-help resources or pro bono assistance to guide you through procedural aspects. Your immediate goal is to ensure the court fully understands your urgency and the receiver’s lack of compliance, ultimately compelling the return of your protected retirement funds.
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