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Author Topic: Small claims court  (Read 1678 times)

Crockpot

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Small claims court
« on: Feb 22, 2007, 01:44:21 PM »
After our divorce was final I loaned my ex $1000 to buy the trailer she and my children live in.  At the time she agreed to pay me back a little each month.  I haven’t seen a dime.  On the memo portion of the check I wrote “loan for trailer.”  I have the cancelled check.  I had also written up a payment schedule but she never signed it.

I’d like to file in small claims court ASAP.  My ex is in the process of moving and voluntarily quite her job and apparently will find a new one near her new home.  

Assuming I win my case in small claims:

1. Is there a default payment method the court goes to?  

2. Can I request a particular method of payment (i.e. tax refund garnishment)?  

3. Will her unemployment influence the way the court rules?

4. Is there a statue of limitation on debt collection?  I loaned her the money several years ago.

Thanks!


socrateaser

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RE: Small claims court
« Reply #1 on: Feb 22, 2007, 02:28:40 PM »
>Assuming I win my case in small claims:
>
>1. Is there a default payment method the court goes to?  

No. Child support has special colletion methods, because child support is not considered an ordinary "debt." For ordinary debts, you must either garnish wages or have the sheriff seize assets, like the trailer and have it sold to pay the debt. This isn't as easy as it sounds, and it's different in each jurisdiction.

What I'm saying is that you can probably kiss that $1K goodbye, unless your ex gets a steady job.

>
>2. Can I request a particular method of payment (i.e. tax
>refund garnishment)?  

Nope. No tax refund garnishment except for child support.

>
>3. Will her unemployment influence the way the court rules?

No. But, it will make it nearly impossible to collect any money from her.

>
>4. Is there a statue of limitation on debt collection?  I
>loaned her the money several years ago.

Yes, and it's different in every jurisdiction, and for every type of action. Yours is a contract law action, which can be anywhere from 4 to 15 years depending upon jurisdiction.

Crockpot

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RE: Small claims court
« Reply #2 on: Feb 22, 2007, 02:41:07 PM »
So I'd probably be better off filing after she finds a job.  She's been employed since we split but recently quit because she's moving 40 miles away.

I was thining the tax refund would be better since it wouldn't impact her montly income, which if it's decreased will affect my girls.

1. You referred to the loan as child support.  Will the courts consider the loan child support?  It is seperate from my monthly obligation.
 

Thanks.

Crockpot

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RE: Small claims court
« Reply #3 on: Feb 22, 2007, 02:42:35 PM »
OK, I just reread your post and now understand what you meant about child support having special collection methods...

Disregard question in last post!

As aways, thanks!!

 

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