What happens if a court order is breached?
try a short cut – contact the judge who gave the order – he/she could sign a bench warrant immediately and have him arrest until he come up with the money – if you go back to court you will get another court date and maybe a new judge – that will take time – if you contact the judge he/she may take it as a slap in the face
You see if court order is breached you have to apply again to court and it may be cumbersome experience and time consuming. You will succeed but by the time this happens may be you will have to face hardship. Try and resolve issue by some via media or some other convincing way, if you don’t succeed.
well the first thing is you should talk to the solicitor that organised the payment if it was not under the legal aid system then you have a real issue of taking someone to court. where the court stands they can issue an warrant for arrest if the court order has been breached, but i would ask you to talk to the Police and your solicitor first get some meat on the bones first at what options you have and then assess what is viable.
It depends why the order was issued. If for example it was a judgment in a small claims action then you will have to go to the sheriff to have it enforced. Who will then garnish his wage or property to pay it. However if it a court order as a part of a divorce settlement you will have to go back to court and the judge will decide from there what needs to be done. With that said there are other issues that will be taken in to consideration if it is in regard to a divorce. If for example you have moved and have not told him then that could have an impact. Another issue would be the construction of the order for him to pay you on the 22nd. If it is clear that he has to pay that is one thing but if there is some ‘wiggle room’ then he can argue that it was a recommended date. Final issue the court will look is his reason for not paying. If for example he was hit by a car and hospitalized then it will be taken into consideration. However if he does not have a good reason then that will also
You go back to court with a proof of that earlier court order regarding the obligation… Might be able to get an order for his bank to turn it over. Might be able to get him summoned to a hearing/if he doesn’t show might get him a bench warrant.’ Might be able to get an order from the court to garnish his wages.
