I/we have executed our separation agreement in which I recieved a lump sum payment, with a balance due in 24 equal payments, on a unsecured promissary note. My question is, If she fails to pay any of the payments, how should I make claim against her in court?
Are there forms I can use to file each month?
How long do I have to give her before filing a claim against her?
How often can I file a motion agaist her, each month or what?
Thank you
You need to file an action for breach of contract after a missed payment.
Ok,
Can I have a lien placed against an INC. company that she retained and operates, out of the marital property, ONCE she fails to pay OR establishes a pattern of non-payment?
I have a feeling that she will refuse to fulfill this agreement or note, so I want to attach a lien, if possible, to property she has. I realize now, the oversight in the original separation agreement, but that is after the fact. The total amount owed is just over $12K with equal payments for 24 months. What recourse would I have if she devalues the company and claims that she can’t pay the note in full?
You will have win the breach of contract case, and the court will then issue an order requiring her to pay pursuant to the terms of the agreement. If she does not pay you may then attempt to place a lien on any real property she has.