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My first time dealing with courts. Help!

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missyp6262

Junior Member
What is the name of your state?
Virginia

Hi,
I am kind of overwhelmed as I am going to take someone to court for the first time. I hope it goes well. Here is the background.
August my boyfriend and I booked a caribean cruise. We broke up and my daughter got sick so we didn't go on the cruies. I did pay for trip insurance. so I had my Ex went to the doctor and got the forms filled out so that I could get reimbursed for the trip. Well the insurance company sent a check instead of putting the money back on my credit card. They sent the checks to my Ex's house not mine. My name was on the policy. I called the company and they said that was their policy to issue checks to all people insured. Ok, well my ex cashed his 1,200 check and used it to move to florida. He is trying to tell me he will pay me back in payments but I just want my money. I am a single mom and rent is due. I am poed and want to get him for whatever I can. The 1,200 plus 16.9%intrest since it was on my credit card. The whole deal was he was going to pay for the trip and I didn
t see any money at all. What can I do?
 


seniorjudge

Senior Member
Q: What can I do?

A: Sue him in small claims in Virginia and then register the judgment in Florida.

BUT FIRST

contact a Florida attorney and find out if small claims judgements from Virginia can be domesticated in Florida.

Also

I am assuming this jerk has a job. Otherwise, you will never see your money.
 

JETX

Senior Member
seniorjudge said:
contact a Florida attorney and find out if small claims judgements from Virginia can be domesticated in Florida.
They can.

I am assuming this jerk has a job. Otherwise, you will never see your money.
Yep. I predict that will be the problem. If this idiot had to use the OP's money to move... it is VERY unlikely that he has anything to go after..... much less non-exempt 'anything'. :D
 

missyp6262

Junior Member
Thanks,
Yes he did threaten to get an under the table job but oh well. As long as it is on the books so that if he tries to get anything in his name he will be stuck with this.
He said he would make payments to me but I know that wouldn't happen for long and I heard that if I do accept even a nickel it will screw up me if I want to garnish him in the future. I have clients that owe me money and I am trying, as a young new business woman, to do everything the right way.
some of my friends made a good joke the other day. That the $1,200 was a good price to finally get that jerk out of my life. Which is very true, but I still want him to pay and suffer for messing with me. !#$SD#$%#Tg!!! LOL!

Any other suggestions are much appriciated thanks!!
 

seniorjudge

Senior Member
missyp6262 said:
Thanks,
Yes he did threaten to get an under the table job but oh well. As long as it is on the books so that if he tries to get anything in his name he will be stuck with this.
He said he would make payments to me but I know that wouldn't happen for long and I heard that if I do accept even a nickel it will screw up me if I want to garnish him in the future. I have clients that owe me money and I am trying, as a young new business woman, to do everything the right way.
some of my friends made a good joke the other day. That the $1,200 was a good price to finally get that jerk out of my life. Which is very true, but I still want him to pay and suffer for messing with me. !#$SD#$%#Tg!!! LOL!

Any other suggestions are much appriciated thanks!!
but I still want him to pay and suffer for messing with me

When I teach legal ethics to lawyers, I tell them to avoid representing people who say such things for the simple reason there is no way to tell when the object of your hatred has paid and suffered enough.

So, if you ever want a lawyer, don't say that during the pre-employment interview.
 

dcatz

Senior Member
but I still want him to pay and suffer for messing with me

When I teach legal ethics to lawyers, I tell them to avoid representing people who say such things for the simple reason there is no way to tell when the object of your hatred has paid and suffered enough.

So, if you ever want a lawyer, don't say that during the pre-employment interview.
Amen!

And add: "I'm doing it for the principle of the thing."
When litigants learn what that can cost, they want to jump ship mid-ocean.
In litigation, principle should not be the driving wheel unless it earns interest.

I see the OP spending another $1,200+ to get her Virginia judgment, hire an attorney to file, domesticate and record in Florida and then try to enforce. She doesn't say that she knows where to serve, much less how to enforce.

OP, if you're not prepared for the additional out-of-pocket, don't start.
 

missyp6262

Junior Member
Sorry I was just venting. No, of course, business is business. I don't get my feeling envolved but they are still there. That last post totally lost me. I wasn't going to hire an attorney for small claims court. I hope I can handle it myself. That is why I posted my question. I need some guidance on what I can and can't do, what I need to do, etc.
 

Ellerge

Member
Irs

:D You will probably determine that the money and time you expend are NOT worth trying to get money from him! If he did NOTreport the money as income on his income tax, he may have to fight the IRS. Some people call the IRS and report someone who tries to defraud the IRS. You do not even have to give your name when you report him! (If you know his SS #, it will make things easier). The problem is that the IRS does not like going after SMALL accounts, so it may take you several phone calls and several years for the IRS to 'get' him.
 

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