Use the notice of demand to pay judgment for child support collection when you are ready to begin collection procedures that don’t involve CSE. The Notice of Demand informs and reminds the debtor – in this case the deadbeat – that they have a formal and binding obligation to you and that it is legally enforceable. It also gives them a legal heads up that you are about to enforce your collection rights. This way when you begin to hit them with collection procedures, they cannot say that they didn’t know about the obligation. After the Notice of Judgment has been properly served, there is a waiting time of 30 days before you can start proceedings. Within this 30 day period, the debtor is allowed to “object” to your demand. His only legal defenses at that time can be “mistaken identity” and that he does not owe the judgment. In other words, he can say I am not the person named on that judgment or the judgment has been falsified. If you have a true and certified copy of your judgment that has come from the court, he cannot get out of it. As long as you have the right person and you have a judgment against him, you can proceed after 30 days. If he files an objection, you will have to address it in court because that is the process but it should be dismissed.
Here are the steps:
- Download the Notice of Demand to Pay Judgment from the Document Library
- Complete the form. See a sample in the Sample Letters/Forms/Language section
- Have the Notice of Demand notarized
- Obtain a certified copy of your judgment from the court. If you don’t have one on hand and have to get one it could take a few weeks to receive it so consider doing this early on.
- Make two copies of your notarized Notice of Demand
- Attach one copy of the Notice of Demand to each copy of the Judgment
- Serve a copy of the Notice of Demand on the deadbeat. You can serve him personally or via the mail. If you mail the Demand notice, mail it by both regular mail and by return receipt certified mail.
- Wait 30 days before proceeding