Chantel Draper
Junior Member
What is the name of your state? Colorado
My husband loaned a long time friend $2,600 dollars in Jan. of 2004, it was a verbal, However there was another friend, from out of State there when the loan took place. He is willing to concirm the loan & that she was to pay us back, out of her income tax return that spring(2004), But insted traveled to see him in the spring of 2004. She did pay $100 dollars in cash, that spring. Can we obtain an AFFIDAVIT from him for small claims, sence he can not travel back to Colorado, just to test. or can we MOTION for the Court to hear telephone test. from him? We do have 2 e-mail's from her, the first was from about 4 month's ago were she state's " I wish I would have never taken the money from you, but what do you want me to do, take my kid's & dog's, go live in a cardboard box, just to pay you? I'll try to get you $50 dollars next week." The second was from last week in which state's, " I'm sorry I don't have any money, but I don't! I wish I did it would be nice to have enough money to pay you & pay all my other responsibilities too. I will pay you some money when I can, I have not forgotten about it, how could I? But leave me alone about it please! She has also discussed the money with me dirrectly on more then one occasion.
Now on the NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL it state's, PLAINTIFF CLAIM- The Defendant owe's me $_____, which includes penalties, plus interest and costs allowed by law. What amount can be applied to the remaining $2,500 dollars as penalties, interest & costs by law from spring of 2004, on the NOTICE, CLAIM AND SUMMONS?
Also my husband is fully disabled & I am filing for SSDI, we have a very very limited income of under $600 a month, can we file for a waiver of fee's, as to the filing costs for small claims? As we have a party over 18 who is not a party to this action who will provide service upon the defendent. Then how do we get a writ of garnishment against the defendent?
My husband loaned a long time friend $2,600 dollars in Jan. of 2004, it was a verbal, However there was another friend, from out of State there when the loan took place. He is willing to concirm the loan & that she was to pay us back, out of her income tax return that spring(2004), But insted traveled to see him in the spring of 2004. She did pay $100 dollars in cash, that spring. Can we obtain an AFFIDAVIT from him for small claims, sence he can not travel back to Colorado, just to test. or can we MOTION for the Court to hear telephone test. from him? We do have 2 e-mail's from her, the first was from about 4 month's ago were she state's " I wish I would have never taken the money from you, but what do you want me to do, take my kid's & dog's, go live in a cardboard box, just to pay you? I'll try to get you $50 dollars next week." The second was from last week in which state's, " I'm sorry I don't have any money, but I don't! I wish I did it would be nice to have enough money to pay you & pay all my other responsibilities too. I will pay you some money when I can, I have not forgotten about it, how could I? But leave me alone about it please! She has also discussed the money with me dirrectly on more then one occasion.
Now on the NOTICE, CLAIM AND SUMMONS TO APPEAR FOR TRIAL it state's, PLAINTIFF CLAIM- The Defendant owe's me $_____, which includes penalties, plus interest and costs allowed by law. What amount can be applied to the remaining $2,500 dollars as penalties, interest & costs by law from spring of 2004, on the NOTICE, CLAIM AND SUMMONS?
Also my husband is fully disabled & I am filing for SSDI, we have a very very limited income of under $600 a month, can we file for a waiver of fee's, as to the filing costs for small claims? As we have a party over 18 who is not a party to this action who will provide service upon the defendent. Then how do we get a writ of garnishment against the defendent?