HELP! NEED ASSISTANCE TO SUE SOMEONE FROM ANOTHER STATE

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Latest post 01-04-2007 7:11 PM by belle310. 3 replies.
  • 12-20-2006 8:54 PM

    Question [=?] HELP! NEED ASSISTANCE TO SUE SOMEONE FROM ANOTHER STATE

    i co-own a porperty here in california and the other person that owns the property with me had some back due child support. Basically the women who put the child support order on him was suppose to get this back child support taken care of. It all started when i refinanced my house in May 06 and was informed through lender that back child support total amount of $8,000 was going to be taken from my house and givien to her. At that time i was in communication with her and she informed me and even in writing that she did not want the money and if given to her was going to give it back. She documented in letter that the father was always there for her child and due to her being on welfare "abusing the system" had to get him for child support. Well everyone knows that she did not end up giving it back. I need some legal help can i sue her for at least half the money and provide documentation from her in writing stating she did not want to keep the money. Please help i am single mom of three and am trying to push myself through school and am tired of people abusing the system like this women did ex. welfare and having many children she cannot provide for. Please lend your legal knowledge.
    Thanks
  • 12-20-2006 10:57 PM In reply to

    re: HELP! NEED ASSISTANCE TO SUE SOMEONE FROM ANOTHER STATE

    You'll have to sue her where she lives.

    Here's small claims court information.

    Pick the state and follow the instructions:

    http://law.freeadvice.com/resources/smallclaimscourts.htm

    And, no, you don't get travel time, travel cost, or lost time from work.
    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 12-21-2006 9:36 AM In reply to

    Disagree [)*(] re: HELP! NEED ASSISTANCE TO SUE SOMEONE FROM ANOTHER STATE

    I don't think that you have any grounds to sue 'her' for the money, unless you can prove that the court order of child support was based on fraud. Even then, the person with standing to sue her is probably your co-owner.

    A 'promise' from her to give you back the $8,000 isn't a contract, and likely isn't enforceable in court.

    The person that you need to be pursuing for the money back is the person that co-owns the property with you.

    In fact, it's probably not even necessary to sue him - if the house is worth (purely as an example) $200,000 and you have $100,000 worth of debt on it, then your equity is $100,000, or $50,000 each - but he's already got $8,000 out so the equity is actually $46,000 his and $54,000 yours. The division can be done that way when the house is finally sold.

    Alternatively, of course, you and he could simply 'divy up' the repayments on the refinance loan so that his share of the repayments reflects the extra $8,000 of the refinance money that he got. (Strictly speaking, *HE* got the $8,000, which was paid *on his behalf* to the childs mother)

    Richard
  • 01-04-2007 7:11 PM In reply to

    re: HELP! NEED ASSISTANCE TO SUE SOMEONE FROM ANOTHER STATE

    thank you so much for the advice. it is just very frustrating when one gets caught up in a nasty mess and screwed. Boy, i learned my lesson, Never buy a property with someone unless you are married..
    Thank You
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