How to enforce a court order?

UPDATED: Oct 1, 2022

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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


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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