Frivolous Suit?

What is the name of your state? Virginia

My husband's ex-fiancee has recently sent us (well, him) a summons that he is being sued for an amount of money he owes her. She resides in Missouri, and the court appearance is to be in a Missouri small claims court.

The original signed IOU said he'd have her paid back January of 2002. That didn't happen due to financial hardships that she was aware of and agreed (over the phone) to a longer grace period to pay the amount off--ending around the end of August 2002. Then, my husband and I got married and I took over our finances. I've been in contact with his ex and settled on a payment plan and new date that the total amount would be due. I have all this in writing, along with all the canceled checks showing the payments. I have been true to the repayment schedule we agreed to with the amounts and dates agreed upon.

Today we received a court summons with the amount due when they talked on the phone around January 2002. In the plaintiff remarks, she stated that the defendant owed the $1,300 (the January amount), and was refusing to pay. This is after paying her all but $177 of the total amount and her agreement to the new terms a month and a half ago. The final $177 will be repaid in two weeks, as she and I agreed close to two months ago.

She has been threatening to sue since May, though she has been receiving payments and knows of his current financial situation. She has also been tearing apart his character and reputation in almost all the correspondence she has sent both him and me.

My questions:

1. Even though she has a right to sue in an effort to collect a debt, does she have the right to sue for the "$1,300" that was owed in January when we have paid back all but $177, in accordance to the new agreement, by the date of the court apperance summons?

2. With my husband in the military, do her recent threats to turn him into his commander for "non-payment" constitute harassment and defamation of character? Being in the military, such false claims by a civilian would be detromental to the future of his career. (The military frowns upon financial problems.)

3. The written correspondence she has sent me always includes an attempt to bruise my husband's reputation with me and others. She has also said such statements to me over the phone and to people they once both knew. Is this also considered defamation of character/slander? If so, can we counter-sue her for that?

4. The court appearance is scheduled for a Missouri small claims court, meaning we'd have to travel 1,000 miles to make the appearance (should she not cancel the hearing). Being that we reside in Virginia, can she schedule the hearing in a Missouri court?


Thank you for any advice you can give me!

SN

(sorry for the long post!)

Let me make this short and to the point. If your husband's ex didn't file suit in Virginia, you don't have to worry about it. If you don't show for the case, the judge will rule in her favor, but, small claims judgements don't carry over state lines.
As for the threats, your husband might want to look into obtaining a restraining order against his ex; you would be able to use the letters defaming his character as evidence, as well as any written statements that you can obtain from your circle of friends. You'd have to travel back to Missouri to get the restraining order, and, you'd have to see if that also would carry over state lines.
I hope that you situation doesn't escalate into anything more than your querry.

"Let me make this short and to the point. If your husband's ex didn't file suit in Virginia, you don't have to worry about it. If you don't show for the case, the judge will rule in her favor, but, small claims judgements don't carry over state lines."

Can you PLEASE show me this in writing, I just found out that you can enforce a judgment over state lines. Halket, IAAL, Home????

Ok, I'm not positive, but I don't think it's true that small claims judgments don't cross state lines. If she gets a judgement against you and you don't pay it, and she knows how to get it onto your credit report, I doubt the bank you someday want to get a mortgage from will care what state you lived in at the time.

The particular court may or may not have jurisdiction in the case. If your husband lived in Missouri at the time the loan occurred there's a good chance it does. Contact the court where the claim is filed and see if they can provide you with any guidance.

Pay the last $177. Send it certified mail along with a letter noting how, according to your payment plan, this discharges your debt to her, and you assume she will now stop the small claims proceedings. Worst case, if she still files, and the court tells you you have to travel to Missouri to argue your side, countersue for your damages; i.e. lost work time, travel and hotel expenses, etc.
You will have to prove your case, so you better have your documentation that you don't owe her anything in order, but generally the losing side will have to pay reasonable damages and expenses of the other party. Do not try this still owing money. Even if she is only awarded $177, she still winds and you will not win the countersuit.

btw, I'm not a lawyer, take all said with a grain of salt. But do talk to the court clerk about what they think you need to do.

a neighbor said:

"Let me make this short and to the point. If your husband's ex didn't file suit in Virginia, you don't have to worry about it. If you don't show for the case, the judge will rule in her favor, but, small claims judgements don't carry over state lines."

Can you PLEASE show me this in writing, I just found out that you can enforce a judgment over state lines. Halket, IAAL, Home????

Click to expand...

My response:

Uniform Enforcement of Foreign Judgments Act

The traditional method to enforce a sister state (or foreign) judgment is to file a civil complaint to establish the judgment as a Missouri judgment. (Once the judgment is established, the creditor may enforce it by any applicable enforcement method (execution, wage garnishment, etc.).)

Registering judgment under UEFJA:

All but a few jurisdictions allow a party with a final judgment from another state to use an expedited procedure to "domesticate" (register) an out-of-state judgment, effectively converting it into a local judgment.

Pursuant to the Uniform Enforcement of Foreign Judgments Act (UEFJA), the holder of a Missouri judgment is entitled to "full faith and credit" (i.e., a jurisdictionally valid final judgment) may file with the clerk of the court of the other state (Virginia) an authenticated copy of the judgment, an affidavit setting forth the name and last known address of the judgment creditor, and any required filing fee. The out-of-state (Virginia) clerk will mail notice of the filing to the judgment debtor and file proof of this mailing in the docket. The judgment creditor may also mail notice of the filing to the judgment debtor and file proof of mailing with the clerk.

A Missouri judgment so registered may be enforced in accordance with the laws of the registering jurisdiction, as if it had been originally rendered in that jurisdiction. However, execution or other process frequently may not issue until some time after filing of the judgment or notice of judgment; and, upon the judgment debtor's request, enforcement may be stayed upon a showing that an appeal is pending or will be taken, or that a stay has been granted in Missouri, along with proof that any required bond has been posted. Additionally, a stay may be granted in accordance with the laws of the out-of-state (Virginia) jurisdiction. [See UEFJA §§ 1-§§ 5]

IAAL

Thanks, IAAL, I'll look this up in the law library when I get to work tomorrow, It's interesting. May be beneficial for someone else's case. Surely not mine, Not even aspirine is working for me right now