• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How should he file this?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

girliegirl_07

Junior Member
What is the name of your state? Iowa
My husband and his ex were divorced in 1999. In the divorce decree it stated that the respondent (ex-wife) was to retain possession of a vaccumn cleaner and be responsible for the debt on it. She has never paid the debt, not one cent. Last year, my husband and I purchased a new home and before our bank would give us the loan we had to pay this debt off for the vaccumn cleaner (the loan was in both their names and the loan company would not remove his name - so the only way to clear the debt from his credit history was to pay the loan in full). He is now seeking legal help in getting reimbursement from the ex for the $1,300.00 that he had to pay to get this loan paid off and cleared from his credit. He is wondering what is the best route to file a claim against the ex to try and get reimbursement. Should he file as a contempt on the divorce decree or file it in small claims? He wants to make sure that he files it correctly so he doesn't have anymore additional costs then he will already have. Also, is there any chance that he can file for interest on the amount, it's money that we had to take from our savings to use? He notified her immediately when he paid the loan off that he expected reimbursement and he has given her plenty of time to pay it back or to set up a payment plan and she has not paid us anything to date.
Thanks!!
 


LdiJ

Senior Member
girliegirl_07 said:
What is the name of your state? Iowa
My husband and his ex were divorced in 1999. In the divorce decree it stated that the respondent (ex-wife) was to retain possession of a vaccumn cleaner and be responsible for the debt on it. She has never paid the debt, not one cent. Last year, my husband and I purchased a new home and before our bank would give us the loan we had to pay this debt off for the vaccumn cleaner (the loan was in both their names and the loan company would not remove his name - so the only way to clear the debt from his credit history was to pay the loan in full). He is now seeking legal help in getting reimbursement from the ex for the $1,300.00 that he had to pay to get this loan paid off and cleared from his credit. He is wondering what is the best route to file a claim against the ex to try and get reimbursement. Should he file as a contempt on the divorce decree or file it in small claims? He wants to make sure that he files it correctly so he doesn't have anymore additional costs then he will already have. Also, is there any chance that he can file for interest on the amount, it's money that we had to take from our savings to use? He notified her immediately when he paid the loan off that he expected reimbursement and he has given her plenty of time to pay it back or to set up a payment plan and she has not paid us anything to date.
Thanks!!
I would go the small claims route. The filing fees are relatively low and its possible to get a garnishment via small claims. Odds are that's the only way he is going to get her to pay.
 

girliegirl_07

Junior Member
If he files through small claims, what county does he file in? The original divorce decree was done in Mitchell county, ex wife lives in Muscatine county, we reside in Butler county and my husband works and has a second residence in Chickasaw county. Just curious because his ex filed a small claims against him a couple years ago and filed it in Chickasaw county and the judge dimissed the case because of lack of jurisdication.
 

LdiJ

Senior Member
girliegirl_07 said:
If he files through small claims, what county does he file in? The original divorce decree was done in Mitchell county, ex wife lives in Muscatine county, we reside in Butler county and my husband works and has a second residence in Chickasaw county. Just curious because his ex filed a small claims against him a couple years ago and filed it in Chickasaw county and the judge dimissed the case because of lack of jurisdication.
Probably the county where she lives....but he should talk to the small claims court before filing.
 

girliegirl_07

Junior Member
Going with Contempt charges

According to our attorney the only way we can file this is through contempt of court. She said she was pretty sure you couldn't take something to small claims that has already been ordered through the courts. What we need to know now is exactly what papers we need to file to get the application for contempt started. We are doing this ourselves, as our attorney said it would cost more to hire her then what the claim is for.

We have the original notice & the affidavit to start contempt proceedings based on a court order forms. What else do we need? Is there a form requesting a hearing date and do we need to file the confidential form for ssn since those are on file with the original case # for the divorce?

Any assistance would be greatly appreciated.
 

BelizeBreeze

Senior Member
girliegirl_07 said:
According to our attorney the only way we can file this is through contempt of court. She said she was pretty sure you couldn't take something to small claims that has already been ordered through the courts. What we need to know now is exactly what papers we need to file to get the application for contempt started. We are doing this ourselves, as our attorney said it would cost more to hire her then what the claim is for.

We have the original notice & the affidavit to start contempt proceedings based on a court order forms. What else do we need? Is there a form requesting a hearing date and do we need to file the confidential form for ssn since those are on file with the original case # for the divorce?

Any assistance would be greatly appreciated.
Your attorney is either an idiot or you didn't hear her correctly. You can either choose to file this as a contempt of the original order or small claims and receive a judgement against the ex then file for judgement recovery (lien).

If you file the contempt route you MUST file in the court that issued the original decree. if you file small claims you must file where the transaction occurred, which would most likely be the same court as the divorce since that is where the 'contract' was ratified.

Personally, I'd file in small claims since a judgement will affect her credit if not paid.
 

nextwife

Senior Member
stealth2 said:
I'm boggled that anyone would even think they need a vaccuum that costs $1000+.
Me too! I'd just buy a new one every other year, if need be. It would take 15-20 years to spend the $1000 that way- and the vac would always be new!
 

LdiJ

Senior Member
nextwife said:
Me too! I'd just buy a new one every other year, if need be. It would take 15-20 years to spend the $1000 that way- and the vac would always be new!
My house is hard on vacuums....I have carpeting that is more similar to commercial grade so everything just lays on top, so we have to vacuum more often than normal. Therefore I am lucky if a vacuum cleaner lasts a year. I once spent 500.00 on one thinking that it would be sturdier and last much longer...and it lasted no more than the average 1 year.

No way would I ever spend 1000.00 on one period...but even more so after that experience.
 

girliegirl_07

Junior Member
Thanks for all the replies but no one has really answered my question**************.....

What forms do I need to file with the clerk of court to start contempt proceedings?
 

weenor

Senior Member
girliegirl_07 said:
Thanks for all the replies but no one has really answered my question**************.....

What forms do I need to file with the clerk of court to start contempt proceedings?

Call the clerk's office. They cannot give legal advice, but they can tell what forms to file and if they have specific forms there.
 

girliegirl_07

Junior Member
Another Question??

My husband filed the appropriate papers for an application for order to show cause. A hearing date has been set but he has a previous court appearance scheduled for a traffic stop he made (he's a police officer). Our question is. what do we need to do to file a request for a continuance? I know we need to make the request to the court but do we need to contact the respondent to get her approval for the continuance first? Does he need to mail a notification to the respondent himself before he sends the request to the Clerk of court? Also, is there a particular form to use to request the continuance through the court or is a letter sufficient? (just a reminder that we are pro se in this case as is the respondent).

Thanks for any help!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top