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.

A couple of things come to mind...

-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 %.

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?

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Originally Posted by achampio21

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?

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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.

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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)

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I don't think her being on SSI affects being able to attach a judgement to her assets.

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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?

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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 $$$??

Hope that helps.

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Originally Posted by achampio21

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?

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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.

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Originally Posted by rockinmommy

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.

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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.

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Originally Posted by froggy7

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.

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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.

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Originally Posted by rockinmommy

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.

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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.

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Originally Posted by JudyKayTee

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.

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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.

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Originally Posted by rockinmommy

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.

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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.

First no you don't take her back to court for money you already have a judgement on, you won, now you just have to figure out how to collect and go back to that court that gave you a judgement to inforce garnishments or attachments.

If you have other debts they owe you for you can sue a new lawsuit for that, but can not try to enforce a judgement from one court in another court.

I have a lawyer on my payroll now (sad at 27 I know), but I learned it's easier to keep them on payroll than hope they are available every time you need them. But he told me that lawyers aren't allowed in small claims court. Maybe they are in a higher court, will have to check.

I really have no clue about all this stuff. I want to take her to court asap to get a judgement but I'm not even sure where to start. I have all the lawyer bills, paperwork and it is only an $85 filing fee for small claims court. But if I have a good chance of getting all of the money owed to me I would rather go higher up and get it all. But if I can go to small claims and get $6,000 easier I may take that route.

I have all the lawyer bills from the custody/visitation case. I only want reimbursed for the custody part ( I think that's fair) and I have all the deposit slips from the bank account showing my deposits. DO you think it is a slam dunk case and go higher or stick with the 6 thousand and keep it simple?

Ps I appreciate the speedy responses and all the help. This woman is evil.

And JUDY, I have tried to call the SS dept. They said "we will look into investigating" and that was that. Nothing happened. Do you have any ideas on how to contest it further with better results?

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Originally Posted by achampio21

I have a lawyer on my payroll now (sad at 27 I know), but I learned it's easier to keep them on payroll than hope they are available everytime you need them. But he told me that lawyers aren't allowed in small claims court. Maybe they are in a higher court, will have to check.

I really have no clue about all this stuff. I want to take her to court asap to get a judgement but I'm not even sure where to start. I have all the lawyer bills, paperwork and it is only an $85 filing fee for small claims court. But if I have a good chance of getting all of the money owed to me I would rather go higher up and get it all. But if I can go to small claims and get $6,000 easier I may take that route.

I have all the lawyer bills from the custody/visitation case. I only want reimbursed for the custody part ( i think that's fair) and I have all the deposit slips from the bank account showing my deposits. DO you think it is a slam dunk case and go higher or stick with the 6 thousand and keep it simple?

ps I appreciate the speedy responses and all the help. This woman is evil.

And JUDY, I have tried to call the SS dept. They said "we will look into investigating" and that was that. Nothing happened. Do you have any ideas on how to contest it further with better results?

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Write the Dept of SS - sign your name, give them all the info you have, send it return receipt requested.

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Originally Posted by achampio21

I have a lawyer on my payroll now (sad at 27 I know), but I learned it's easier to keep them on payroll than hope they are available everytime you need them. But he told me that lawyers aren't allowed in small claims court. Maybe they are in a higher court, will have to check.

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The attorney may not be allowed into small claims to argue the case for you, but he/she should certainly be ableto advise you as to what court your case need to be tried in, what to do with a judgement once you're awarded one, etc. ESPECIALLY if they're on retainer! Those are questions they ought to be able to answer in their sleep!

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Originally Posted by achampio21

I really have no clue about all this stuff. I want to take her to court asap to get a judgement but I'm not even sure where to start. I have all the lawyer bills, paperwork and it is only an $85 filing fee for small claims court. But if I have a good chance of getting all of the money owed to me I would rather go higher up and get it all. But if I can go to small claims and get $6,000 easier I may take that route.

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I want to make sure you realize the process. You say "get $6000 easier". You realize that you're not getting anything (assuming you win) expect a piece of paper saying you're entitled to that much, right?? You still have to turn around then and attempt ot collect on the judgement. Before you invest any more time on this you really need to consider your chances of collecting on the judgement in the time limit before it expires.

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Originally Posted by achampio21

I have all the lawyer bills from the custody/visitation case. I only want reimbursed for the custody part ( i think that's fair) and I have all the deposit slips from the bank account showing my deposits. DO you think it is a slam dunk case and go higher or stick with the 6 thousand and keep it simple?

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Again, I really feel like your lawyer should be advising you about all of this, as they are presumably familiar with your case. You and they are correct that if it goes to small claims they wouldn't represent you in court. But knowing all the facts of your case and the laws of your state they are in the best position to direct you.

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Originally Posted by JudyKayTee

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! .

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Well, I talked to the judge today. She said that the rule exists because the higher the dollar value of a case the more complex it could turn out to be. The JPs here are only trained to handle fairly simple, straight-forward matters. She did say that they didn't enforce it too much when the limit was $5K (even though that's tchnically always been the rule in her 14 years on the bench) , but now that it's up to $10K they've seen people trying to file much larger cases with the hopes of just collecting the $10K and moving on down the road.

She was surprised that this ISN'T the case everywhere. She said she attends a lot of meetings and training around the country and felt sure that this was standard procedure everywhere.

Interesting...

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Originally Posted by rockinmommy

Well, I talked to the judge today. She said that the rule exists because the higher the dollar value of a case the more complex it could turn out to be. The JPs here are only trained to handle fairly simple, straight-forward matters. She did say that they didn't enforce it too much when the limit was $5K (even though that's tchnically always been the rule in her 14 years on the bench) , but now that it's up to $10K they've seen people trying to file much larger cases with the hopes of just collecting the $10K and moving on down the road.

She was surprised that this ISN'T the case everywhere. She said she attends a lot of meetings and training around the country and felt sure that this was standard proceedure everywhere.

Interesting...............

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Wow - live and learn. I am amazed as I post and read that things are so different in various areas of the country. I still question how the Court can force you to sue for more and perhaps after all deductions actually collect less but they very obviously can.

Odd because on this end of things I asked and was told, no, no one can force you to sue for more.

Again - it sure varies! No wonder it's important when giving info to always state where I'm located.

I know I won't get any money from this woman. It's just the principle. And if I want to be COMPLETELY honest... a nice dose of revenge. It will at least ruin her credit. Because I fully intend on employing a collection agency to put that black mark on there. I know it's petty but this woman has walked away from everything else she has done wrong with not even a scratch. I am also in the process of getting adopted by a friend just to slap her in the face again by making sure she isn't even "LEGALLY" my mother anymore. And in doing that I may get the visitation she won cancelled. HAHA! But anyway. Thank you all for all of the help, anything I can reclaim from this demon that she has taken from me would be awesome. :D :D

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Originally Posted by achampio21

I know I wont get any money from this woman. It's just the principle. And if I want to be COMPLETELY honest... a nice dose of revenge. It will at least ruin her credit. Because I fully intend on employing a collection agency to put that black mark on there. I know it's petty but this woman has walked away from everything else she has done wrong with not even a scratch. I am also in the process of getting adopted by a friend just to slap her in the face again by making sure she isn't even "LEGALLY" my mother anymore. And in doing that I may get the visitation she won cancelled. HAHA!! But anyway. Thank you all for all of the help, anything I can reclaim from this demon that she has taken from me would be awesome. :D :D

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You have issues beyond the legal boards - the legal system should not be used for revenge. If the Judge gets wind of this the whole case will be over very quickly.

I don't know how you are getting adopted without your mother's consent but that varies State to State.

I am an adult. In the state of Indiana I don't need her consent nor do I even need to advise her that I am getting adopted.

And the money I am going after her for is legally owed to me. The main money I am going ofter is my daughter's money anyway that she took without permission by forging my name to paperwork. And the lawyer fee's I am wanting back are because she took me to court to try and drain me financially because she got a fat settlement from 2 carwrecks she was mysteriously in within 2 years and from my dad dying. She had a new boyfriend at the funeral from what friends told me. :(

I am NOT trying to take money from her just to get back at her. The money is owed to me. I just KNOW she won't pay it on her own accord. So the small claims and the credit mark are to show her that she won't get away with it when it comes to me. Which is basically defined as "vengeful".

Let me explain it like this...

This is kind of like a smaller caliber of the OJ Simpson case. He killed his wife. But was found not guilty. The family of his wife sued him for millions. Did they need the money? No. Was that money technically owed to them? No. Was it more for a "revenge" thing? Yes. Did they probably deserve it? Yes.

My mother "legally harrassed" me (using lawyer terms) for 3 years by switching the cases around every year just to keep me in court. She had a discounted lawyer due to her being on SS disabilty. Did I have a discounted lawyer? NO! Did she know she wouldn't get custody? YES, but fought for it anyway just so I would have to pay. And she basically stole my identity and forged my name to several things to obtain money. 3 life insurance policies, a bank account, and a retirement fund. All of which she didn't get any kind of charges for. SO do I think it's justified that she give me that money back plus the lawyer fees I paid for the BS cases? Heck yes.