I'm worried about my court date...can anyone help

[Jbrannen205]

What is the name of your state? Alabama


I have to go to court in a couple of weeks because I went a year without making any payments. Well, they took a levy from my bank account and now its all paid up (in full). And now I'm paying on time each month since they did that. My old lawyer (i dont have one now) had the case continued because I was supposedly going to get social security for my depression, but i have since been able to not have to do that and got a job.

Now I'm wondering, are they gonna try to throw any jail time, fines, probation, or whatever at me for simply refusing to pay for so long when i had the $$

I am worried about what will happen on my court date. I dont have a lawyer anymore, cant afford one anymore. Can anyone tell me what might happen when I go to court in 2 weeks? Will I just be able to say "hey im paid up" and they'll send me on my merry way, or will the be some kind of hell to pay for being stubborn

i get real worried about things like this, i was hoping some one could tell me what will happen when i go to court..

remember im paid current now, but i didn't pay anything for a year even though i had the money

yea i know i shoulda been paying, but now im current, and this question is what is going to happen to me in court this time...

thank you



PS- given that im paid current is there any way to avoid this court appearance all together? if so how would i go about that

 

[MominNJ]

Re

Did you call the caseworker on your CS case? That person could get the case withdrawn. Call him/her.

 

[Jbrannen205]

Did you call the caseworker on your CS case? That person could get the case withdrawn. Call him/her.

Oh really? so if i call my case worker they can cancel my court date even though it is only 2 weeks away? AWESOME i hope you're right i'm going to call tomorrow....

can anyone else confirm or contradict this?

thanks!

 

[MtnMoon]

If your caseworker can't get the case dismissed...just go to court as scheduled with proof that your arrears are all caught up and that you are current. Don't be stressed about it. It's highly doubtful that the judge is going to do anything more than dismiss the case at this point. The judge is a person same as you and me. It's a good thing that you're current now. Be glad you are and that you are able to keep up with payments. Good for you! =)

 

[Jbrannen205]

If your caseworker can't get the case dismissed...just go to court as scheduled with proof that your arrears are all caught up and that you are current. Don't be stressed about it. It's highly doubtful that the judge is going to do anything more than dismiss the case at this point. The judge is a person same as you and me. It's a good thing that you're current now. Be glad you are and that you are able to keep up with payments. Good for you! =)

highly doubtful, or virtually impossible?

Hmm, what sort of proof do I need?

and thank you for the replies

 

[MtnMoon]

highly doubtful, or virtually impossible?

Basically...if you are not in arrears...and the court date is to address that matter...then the judge doesn't have a reason to "punish" you with fines...etc. Don't worry about that. You've already taken care of it.

Hmm, what sort of proof do I need?

Whatever proof you have that you are no longer in arrears...that you paid all of your arrears due and that you are current with payments now. If you pay support through CSE, get a letter from them stating you are current with no arrears. Or you could show cancelled checks proving payments. Whatever documentation you have that proves your case...take it with you.

and thank you for the replies

You are welcome!

 

[Jbrannen205]

do you suppose a printout from the child support website showing my balance would be good enough?

 

[MtnMoon]

do you suppose a printout from the child support website showing my balance would be good enough?

That in addition to a letter would be better...and also cancelled checks... Like I said...bring whatever you have that proves your case. You have two weeks...go down to the CSE office and ask them to give you a receipt showing you are current and have no arrears. Don't wait for them to mail something to you. Sometimes it takes a while to get a response. Go down there.

 

[Jbrannen205]

That in addition to a letter would be better...and also cancelled checks... Like I said...bring whatever you have that proves your case. You have two weeks...go down to the CSE office and ask them to give you a receipt showing you are current and have no arrears. Don't wait for them to mail something to you. Sometimes it takes a while to get a response. Go down there.

unfortunately i live 75 miles away
do you suppose that it is vitally important to get that letter or will they take my word under oath?

 

[MtnMoon]

unfortunately i live 75 miles away
do you suppose that it is vitally important to get that letter or will they take my word under oath?

Do you have a receipt from when you paid the arrears in full? A cancelled check showing the amount you paid? Call CSE as soon as possible and ask them to send you a letter and/or receipt...and make sure you tell them you go to court in two weeks and need it right away. If you go to court, you should bring proof.

 

[Jbrannen205]

Its weird because the $$ that was taken by levy is being held for 60 days (held by the state, before its sent to the county), which that time is up after my court date. So i dont have cancelled checks for that payment. which was about 10 months worth.

 

[MtnMoon]

Its weird because the $$ that was taken by levy is being held for 60 days (held by the state, before its sent to the county), which that time is up after my court date. So i dont have cancelled checks for that payment. which was about 10 months worth.

Do you have something from your bank regarding this? If not, ask your bank for something proving the money was taken. Do you have anything from the state or whatever agency took the money? There has to be something you can take with you to court to prove your case. Do what you can to get some documentation to take with you.

 

[Jbrannen205]

I will just try to gather all the evidence i can before court...

I mean, they wouldn't throw me in jail just because I don't have the wrong paperwork will they?

 

[Gracie3787]

Related Posts?

What is the name of your state? Alabama


I have to go to court in a couple of weeks because I went a year without making any payments. Well, they took a levy from my bank account and now its all paid up (in full). And now I'm paying on time each month since they did that. My old lawyer (i dont have one now) had the case continued because I was supposedly going to get social security for my depression, but i have since been able to not have to do that and got a job.

Now I'm wondering, are they gonna try to throw any jail time, fines, probation, or whatever at me for simply refusing to pay for so long when i had the $$

I am worried about what will happen on my court date. I dont have a lawyer anymore, cant afford one anymore. Can anyone tell me what might happen when I go to court in 2 weeks? Will I just be able to say "hey im paid up" and they'll send me on my merry way, or will the be some kind of hell to pay for being stubborn

i get real worried about things like this, i was hoping some one could tell me what will happen when i go to court..

remember im paid current now, but i didn't pay anything for a year even though i had the money

yea i know i shoulda been paying, but now im current, and this question is what is going to happen to me in court this time...

thank you



PS- given that im paid current is there any way to avoid this court appearance all together? if so how would i go about that

Is your post any relation to the post by Daviesmom?

https://forum.freeadvice.com/showthread.php?t=228062...

 

[MtnMoon]

I will just try to gather all the evidence i can before court...

I mean, they wouldn't throw me in jail just because I don't have the wrong paperwork will they?

Give your caseworker a call and see what he/she says about whether or not the court appearance is still necessary. Also, ask what you should take to prove that the money has been paid. Don't stress about it. It sounds like it should work out all right. If you for some reason can't get any documentation to bring with you, you may ask the judge to give you a continuance explaining your situation...and say that you can try to obtain whatever proof the judge wants you to show that the money has been paid.