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Location: Somewhere between Blues Clues, Spongebob and the bahamas...
Posts: 171
Taking mother to small claims for several different things.
Ok. I got a restraining order against my mother and father 3 years ago because they thought they could still rule my life and decisions and dictate how I raise my kids when I was 25 years old. So in retaliation my mother took me to court for custody of my daughter and fought the restraining order. Final product 3 years later... I got the restraining order enforced, she withdrew custody case and changed it to grandparent visitation and got one weekend every other month.
Now my question is this... I already wona judgement against her for repayment of funds on the legal fight over the restraining order. But she hasn't paid me. I am going to take her to small claims court for the money but I also want to get the repayment of the legal fight over the custody fight since two years into it she changed her mind and I want my money that I have proof that I deposited into a joint account that has mysteriously disappeared now. Can I put all of them together into one day in small claims court? And do you think I have a good chance of winning?
Any help would be great and by the way I live in Indiana.
-First, you need to find out the dollar amount that small claims court goes up to in your area. If you just call they'll be able to tell you. You can't (aren't supposed to) adjust the amount down to make it fit in small claims. (Ex. if she owes you $5500 and sm. clms ceiling is $5000, you can't just sue her for $5000.)
-Second, if you already have a judgement against her for the first thing you mentioned, then you're done with that judgement. Small claims won't enforce her paying you. You need to take a copy of the judgement to the clerk of court and ask for an "abstract of judgement". Then you file that in the county. If she owns property in that county it will attach to her property. She won't be able to receive the proceeds of the sale until all judgements are satisfied. If she doesn't own property then it just basically goes on her credit and it should prevent her from buying property until the judgement is satisfied. It should also affect her credit and possibly her employability and other things. Will you ever see your money???? Don't know. The courts don't really enforce collection, they just give you a judgement saying it's legally owed to you. Some judgements can be collected by collection agencies(or law firms that do collections), but they'll take a %.
Location: Somewhere between Blues Clues, Spongebob and the bahamas...
Posts: 171
Okay thank you!!!
Notes:
I think my small claims ceiling is $5000. The amount that it cost me to fight her in court for two years was well over $10,000. So do I file for the $5000 or did you mean I can't do that? And if she owes me $10,000 and SC is only $5,000 does that put me in a different court?
She does own property but is on SS Disability (except she's fine unless other people are around if you get what I mean)
The judgement I have doesn't specify a dollar amount. Do I need to go back to court and find that out? Or can I just turn in a "abstract judgment" and the courts will do the rest?
I think my small claims ceiling is $5000. The amount that it cost me to fight her in court for two years was well over $10,000. So do I file for the $5000 or did you mean I can't do that? And if she owes me $10,000 and SC is only $5,000 does that put me in a different court?
You're not supposed to lower the amount just to make it fit in small claims. If you have just a single piece of evidence (like a lawyer's bill maybe) that's under $5000 I guess you could just go for that portion.
Quote:
Originally Posted by achampio21
She does own property but is on SS Disability (except she's fine unless other people are around if you get what I mean)
I don't think her being on SSI affects being able to attach a judgement to her assets.
Quote:
Originally Posted by achampio21
The judgement I have doesn't specify a dollar amount. Do I need to go back to court and find that out? Or can I just turn in a "abstract judgment" and the courts will do the rest?
What does it specify? Contact the clerk of court in the court you received the ruling from. Tell them you'd like to obtain an abstract of judgement so you can file it. Ask them what you need to do to translate it into a dollar amount.
Ultimately, it sounds like you can get all the judgements in the world against her, but you'll probably never see a penny unless or until her house is sold. You have to weigh for yourself if it's worth the time, trouble and expense to obtain the judgement that you may never collect on. As far as dollar amounts, it sounds like you're looking at more than small claims, in which case you'll need an attorney to try the case. You can tack that attorney's fees and court costs onto the amount she ultimately owes you, but again..........will you ever see the $$$ ???
I think my small claims ceiling is $5000. The amount that it cost me to fight her in court for two years was well over $10,000. So do I file for the $5000 or did you mean I can't do that? And if she owes me $10,000 and SC is only $5,000 does that put me in a different court?
She does own property but is on SS Disability (except she's fine unless other people are around if you get what I mean)
The judgement I have doesn't specify a dollar amount. Do I need to go back to court and find that out? Or can I just turn in a "abstract judgment" and the courts will do the rest?
The Small Claims ceiling in Indiana is actually $6,000. If you want to sue for more, you would have to go to a superior Court with a higher limit. You would need an Attorney and the filing fees and expenses are high so you might be better just sticking with the ceiling in Small Claims. And, no, you can't file for over the ceiling.
You certainly can sue for the limit ($6,000) and explain that she actually owes you more than that - you aren't going to get any more but you are allowed to reduce the amount you are willing to accept by filing for less.
You also asked about going to Small Claims to enforce a Judgment - once it's heard in another Court and you have a Judgment in any Court you have to either try to enforce it yourself or hire an Attorney or collection agency to work on your behalf. You can't go back to Court to enforce the Judgment or move to another Court for that purpose.
SS income is exempt except for child support and Federal student loans. Sounds like you have no relationship with your mother - so if she shouldn't be collecting SS, challenge it. I don't want my tax money paying benefits for someone who doesn't qualify. You can lien against her property.
You will need a Judgment with a dollar amount on it for the Attorney/collection agency. They would also have the ability to obtain a copy on your behalf.
You're not supposed to lower the amount just to make it fit in small claims. If you have just a single piece of evidence (like a lawyer's bill maybe) that's under $5000 I guess you could just go for that portion.
I thought that you could sue for more than the small claims limit in small claims court, but the amount you can recover is capped at the court limit? So, if you have a 10K debt and a small claims court limit of 5K, you can sue for that debt, but the most you would be awarded is 5k. And that you can't sue twice for the same debt for 5K each time. With the understanding that you will not recover the full amount, but will get awarded something, and not have to deal with lawyers, etc.
I thought that you could sue for more than the small claims limit in small claims court, but the amount you can recover is capped at the court limit? So, if you have a 10K debt and a small claims court limit of 5K, you can sue for that debt, but the most you would be awarded is 5k. And that you can't sue twice for the same debt for 5K each time. With the understanding that you will not recover the full amount, but will get awarded something, and not have to deal with lawyers, etc.
I think this probably varies from place to place. I was recently in JP court and while waiting my turn heard another case. The Judge (JP) threw it out because the dollar amount was clearly over the limit. (Ours was just raised to $10,000 and the plaintiff was suing the defendant for $13000 - it was one lump sum from a contractor's bill.) The Judge stated to the parties that it even says on the paperwork you fill out that you can't try to make it fit under the limit. If it's a higher dollar amount it goes to a higher court, period.
I would just recommed contacting your local small claims court. Also (to OP), if you have an attorney who handled the custody and restraining order, etc, for you they should be able to easily advise you on this.
I think this probably varies from place to place. I was recently in JP court and while waiting my turn heard another case. The Judge (JP) threw it out because the dollar amount was clearly over the limit. (Ours was just raised to $10,000 and the plaintiff was suing the defendant for $13000 - it was one lump sum from a contractor's bill.) The Judge stated to the parties that it even says on the paperwork you fill out that you can't try to make it fit under the limit. If it's a higher dollar amount it goes to a higher court, period.
I would just recommed contacting your local small claims court. Also (to OP), if you have an attorney who handled the custody and restraining order, etc, for you they should be able to easily advise you on this.
I am surprised - if you decide you will settle for less I don't know how the Court can force you to sue in a higher/superior Court for the full amount. This is a surprise to me! And it won't be the first time I've been surprised.
I have been in Court when the Judge has said, "You have sued for X. The debt is X. Are you sure you want to settle for the lessor amount?" the Plaintiff has said yes and the case has gone on.
I see it all the time with auto accidents - and I do mean all the time.
I am surprised - if you decide you will settle for less I don't know how the Court can force you to sue in a higher/superior Court for the full amount. This is a surprise to me! And it won't be the first time I've been surprised.
I was surprised, too, as the people suing told the JP that they were willing to only go after the $10K. She just kept saying that you can't lower the amount to make it fit the small claims limit. And she's one of our better JPs (we have some real winners ). I don't know if the recent rasing of the limit (was $5K - now up to $10K) has anything to do with it. I'm sure they're seeing many more complicated issues now.
I actually know this JP pretty well. I'm going to call her on Monday and ask about this. Now I'm really wondering.
I've also noticed with the various JP courts that they all have their own little quirks and ways of doing things. Where I live anyone can run for Justice of the Peace, so like I said, we get some that really don't seem to be the sharpest tack in the box.
I was surprised, too, as the people suing told the JP that they were willing to only go after the $10K. She just kept saying that you can't lower the amount to make it fit the small claims limit. And she's one of our better JPs (we have some real winners ). I don't know if the recent rasing of the limit (was $5K - now up to $10K) has anything to do with it. I'm sure they're seeing many more complicated issues now.
I actually know this JP pretty well. I'm going to call her on Monday and ask about this. Now I'm really wondering.
I've also noticed with the various JP courts that they all have their own little quirks and ways of doing things. Where I live anyone can run for Justice of the Peace, so like I said, we get some that really don't seem to be the sharpest tack in the box.
Would you come back and let us know what the JP says? Maybe there's an explanation - or, as you said, maybe there isn't! As you say - I've seen some decisions in "regular" Court presided over by Attorneys that just don't make sense. I've seen some in Small Claims Court where you have to wonder - ?
My concern would be that the large claim in a Superior Court after Attorneys' fees, filing charges, etc., could result in a smaller settlement than the Small Claims settlement with the Small Claims ceiling.
). I don't know if the recent rasing of the limit (was $5K - now up to $10K) has anything to do with it. I'm sure they're seeing many more complicated issues now.
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