Is small claims court the answer?

[onedaddy]

My DH and I live in NYC.  BM lives in Suffolk County, NY.  BM has filed false crimal charges against DH on 2 occassions in 6 months. DH has never been arrested prior to this.  The first arrest under bad advice from a lawyer we accepted an ACD and an order of refrain was placed.  The 2nd allegation had DH in a maximum security jail cell for some 10 hours, we had to post $2500 bail.  After 5 months we proved his innocence and the judge stated she was shifty, and uncredible.  BM also filed false charges with CHS which closed unfounded due to credible evidence.  She has also filed false charges throughout various family courts that have forced a custody battle that is set to take place 9/28.  She additionally has 2 contempt orders in NJ and 1 pending in NY for various reasons including obtaining a $5,000 loan using DH's name and ss# and not paying her shares according to the divorce forcing a collection under DH's name.

A while back you advised me that filing criminal charges for this harrassment would be difficult if not impossible.  You suggested civil court, which we were happy to do.  We just found out as she is in excess of $40,000 in credit debt that we know of, she transferred title of the house she owns under her new mother-in-laws name.  There will be no judgement to collect.

1. Would you advise we take her to small claims court where the maximum judgement allowed is $3,000 and represent ourselves to save the $3500 retainer fee?

2.  What should be brought up in small claims court, just the last arrest, which we proved or try and fit in everything?

[socrateaser]

>>1. Would you advise we take her to small claims court where
>the maximum judgement allowed is $3,000 and represent
>ourselves to save the $3500 retainer fee?

No, the transfer to the mother-in-law will almost certainly be ruled a fraudulent transfer by the court,  as it is intended to avoid collection of a legitimate debt. You must sue the mother-in-law and the BM in the same action.

Just because the BM is in debt, doesn't mean that you don't have priority. If you sue in civil court, and simultaneously file a notice of suit pending (lis pendens) against the real property, then your judgment will gain priority over anyone else's unsecured debt, including any unsecured credit card company, AND the Bankruptcy Trustee, should the BM later try to get a discharge of your judgment.

You are foolishly wasting time, trying to save money. If the woman has sufficient equity in her home, then you need to get moving before her mother-in-law sells the property or borrows against it in order to capitalize on the equity.