How to enforce a court order?
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How to enforce a court order?
My divorced was finalized 8 years ago. I signed a quit claim deed so that my ex-husband could
refinance to remove my name from the mortgage. This was a court order that he never completed. My credit is now ruined due to his default payments. I am now remarried and unable to buy a home with
my husband because of this.
Asked on October 13, 2017 under Family Law, New Jersey
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can pursue contempt of court against your ex. For contempt of court, you will need to file an Order to Show Cause to schedule the hearing. Call the court clerk for a hearing date. On the Order to Show Cause, include the date/time/department of the hearing. You will also need to file a declaration signed under penalty of perjury stating the facts in support of your contempt of court claim. You should also file any additional documents that provide supporting evidence of your contempt of court claim. File these documents and a proof of service (court form) with the court. After filing your documents with the court, mail a copy of the documents with the proof of service to your ex to provide him with notice of the hearing. The proof of service verifies the date of mailing.
Prior to filing your documents with the court, check with the court clerk to be certain you have filed all of the required documents for contempt of court because the required documents may vary from state to state.
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