<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by granny4:
Thank you so much for your advise on Grandson's SS benefits. Another Question:
Can we also ask for her to return Grandson's
personel things in same lawsuit which asks
for his SS benefits from Mother. He has his
clothes, computer, printer & scanner which he
brought w/him at time he moved to her home.
The computer is registered in his name. We
suspect she may have pawned the computer among other things of his. Also which one of
the several forms located on this site do we
use to file this lawsuit. Not sure of how to
file this or wording without some type of
format to use. Thank you again.<HR></BLOCKQUOTE>
My response:
No. Small Claims court cannot award your grandson an award of "Specific Performance" i.e., the court has no jurisdiction to say to his mother, "You must allow him to come to your home and gather his things."
All a Small Claim court can do is award MONEY damages. So, Grandson must, in addition to obtaining proof of his SSA checks, is also obtain proof regarding the value of his computer and the software programs on the computer. And, the value is not set at "New computer" values; rather, the estimate he obtains MUST be made on the "reasonable, and fair market value" of a used computer, and it's software, along with any other periferals attached to the computer.
The same thing goes for his clothes, and any other personal belongings left at the house.
As for wording, every Small Claims court has FREE advisors. Call the court, and ask to make an appointment with an advisor. If that's not enough, see an attorney for pointers that you can use EACH an EVERY time he needs to sue his mother.
IAAL
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