Judgement or Sue???

[onefastgsxr]

What is the name of your state? New York

Hi, My ex wife and i seperated over a year ago and when we did we had a seperation agreement filed with our divorce papers. In those papers was a notorized copy stating that she owed me 6,000 dollars. It also stated that she was to have the money to me by April 13, 2006. Which never happened. What legal action can I take against her? Can I file a judgement against her by myself to save some attorney fees or is there a different approach i should take? Thanks Alot!!!

Sean

 

[shannon-cl]

You must begin by filing a lawsuit with the courts. After a 'Hearing" or Court date, you will receive the decision from either a judge or a jury. If the verdict is in your favor, then a Judgement can be entered if the opposing party still refuses to pay! Or if the defendant does not acknowledge the lawsuit, then you automatcally win the case, 'Default'! A less expensive alternative would be try and work something out before it goes to court.

 

[onefastgsxr]

I have tried over and over again to work it out with her, but she doesnt pay... I do not believe she is working right now. pretty much living with her fiance with his support as far as I know. Is there a limit that I can sue for in small claims court in NY? I want to do this as cheaply as possible. How would I go about filing a lawsuit by myself?

 

[What do I do?]

I have tried over and over again to work it out with her, but she doesnt pay... I do not believe she is working right now. pretty much living with her fiance with his support as far as I know. Is there a limit that I can sue for in small claims court in NY? I want to do this as cheaply as possible. How would I go about filing a lawsuit by myself?

According to the two sites I found, it could be a limit of $5000 or $3000, depending on where you are located.

I read it at http://www.courts.state.ny.us/courthelp/faqs/smallclaims.html and http://research.lawyers.com/New-York-Small-Claims.html.