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    shesmyangel's Avatar
    shesmyangel Posts: 8, Reputation: 1
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    #1

    Nov 2, 2007, 09:14 PM
    DO I have a case in New Jersey?
    Last September I signed the quit claim deed to the home that my xhusband and I had purchased together while we were married. He was supposed to send me approx 3000 for me agreeing to sign it. He never did. Do I have a case for small claims? The only evidence I have is a email from his stating that once he gets the quit claim deed back from me signed he will send me the money, well he got it back but I never got the money.. He lives in North Carolina, and I live in New Jersey, the house is in North Carolina, so if I have a case would I file here or there? Also he is trying to sell the house by January so is there a way I can put a lean on the house so he can't sell it until he pays me this money? Thanks
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Nov 3, 2007, 07:53 AM
    Yes, you have a case. But you have to file it in the state where the property is located. If you file a lawsuit and win a judgment then that will act as a lien on the property and it will have to be paid off before the house can be sold.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #3

    Nov 3, 2007, 07:59 AM
    This sounds like one for the NC courts Talk to a lawyer to be sure. Also do you have any "proof" that he received the quit claim deed such as a certified mail return receipt?
    shesmyangel's Avatar
    shesmyangel Posts: 8, Reputation: 1
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    #4

    Nov 3, 2007, 11:26 AM
    Quote Originally Posted by s_cianci
    This sounds like one for the NC courts Talk to a lawyer to be sure. Also do you have any "proof" that he received the quit claim deed such as a certified mail return receipt?

    I don't personally have any proof, but he did tell me that he received it and filed it with the courts.
    shesmyangel's Avatar
    shesmyangel Posts: 8, Reputation: 1
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    #5

    Nov 3, 2007, 11:28 AM
    Quote Originally Posted by LisaB4657
    Yes, you have a case. But you have to file it in the state where the property is located. If you file a lawsuit and win a judgment then that will act as a lien on the property and it will have to be paid off before the house can be sold.

    Why do I have to file in North Carolina? He is set to sell the house, and if I file in North Carolina, then it could go to court AFTER he sells the house. Could I just file here in New Jersey even though I know I wouldn't be able to put a lien against the house then. My concern is if I file in North Carolina, it may take too long to go to court, and I don't know when he is actually selling the house, I just know he has to sell it by January, because he is being stationed in Georgia then.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Nov 3, 2007, 11:36 AM
    Quote Originally Posted by shesmyangel
    Why do I have to file in North Carolina? He is set to sell the house, and if I file in North Carolina, then it could go to court AFTER he sells the house. Could I just file here in New Jersey even though I know I wouldnt be able to put a lien against the house then. My concern is if I file in North Carolina, it may take too long to go to court, and I dont know when he is actually selling the house, I just know he has to sell it by January, because he is being stationed in Georgia then.

    ... because that is where the house is and presumably - unless I'm reading this wrong - that is where he is. If you file in NJ and he is not physically in NJ you can't get jurisdiction over him, at least not for $3,000.

    You may very well end up with a personal judgment against him because it will take too much time to get the judgment and then lien against the property - it might very well be sold by then.

    I don't know if the e-mail you have will stand up in Court - I am in NYS and they are being thrown out of Court all the time because they are easy to forge.
    shesmyangel's Avatar
    shesmyangel Posts: 8, Reputation: 1
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    #7

    Nov 3, 2007, 11:39 AM
    Quote Originally Posted by JudyKayTee
    ... because that is where the house is and presumably - unless I'm reading this wrong - that is where he is. If you file in NJ and he is not physically in NJ you can't get jurisdiction over him, at least not for $3,000.

    You may very well end up with a personal judgment against him because it will take too much time to get the judgment and then lien against the property - it might very well be sold by then.

    I don't know if the e-mail you have will stand up in Court - I am in NYS and they are being thrown out of Court all the time because they are easy to forge.

    Damn the email is all I have, because when I ask him for my money, he says I was stupid and signed the paper without the money in my hand, so now I get nothing... so no matter what I have to file in North Carolina, what about if he moves to Georgia, then do I have to file in Georgia?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Nov 3, 2007, 11:43 AM
    I would check Small Claims Court for the various States involved - my feeling is because this is $3,000 it IS a Small Claims Court matter and would have to be filed wherever he is in order for the Court to obtain jurisdiction over him.

    You said he is you x-husband? What does your Judgment of Divorce say about this? It should address any and all property issues. Small Claims may not want to reopen this matter if they believe it was settled in a Judgment of Divorce.
    shesmyangel's Avatar
    shesmyangel Posts: 8, Reputation: 1
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    #9

    Nov 3, 2007, 11:50 AM
    Quote Originally Posted by JudyKayTee
    I would check Small Claims Court for the various States involved - my feeling is because this is $3,000 it IS a Small Claims Court matter and would have to be filed wherever he is in order for the Court to obtain jurisdiction over him.

    You said he is you x-husband? What does your Judgment of Divorce say about this? It should address any and all property issues. Small Claims may not want to reopen this matter if they believe it was settled in a Judgment of Divorce.

    Our divorce was handled in North Carolina, and in North Carolina you do the divorce seperalty from anything else.. This was something that we settled on our own.. I will just have to file in North Carolina, but then its going to cost me like 500 for traveling, so I am out money over this.. What a mess..
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Nov 4, 2007, 10:05 AM
    Quote Originally Posted by shesmyangel
    Our divorce was handled in North Carolina, and in North Carolina you do the divorce seperalty from anything else.. This was something that we settled on our own.. I will just have to file in North Carolina, but then its gonna cost me like 500 for traveling, so I am out money over this.. What a mess..

    You're going to have to weigh spending at least $500 - once to file, once to appear - against your gain ($3,000). Was there no property settlement agreement filed, even one you wrote yourself?
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