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jlc614

Member
What is the name of your state? NY

I have a notorized statement from my son's father stating the debts he owes me and that he agrees to pay me. He has not paid me any of this debt, can I take him to small claims court for this? What if I can't locate him? I have been trying to track him down for family court with no luck. Can I still file a claim in small claims court? If I can and I win can I attach his wages if I locate him?
 


stephenk

Senior Member
if you cant find him to serve with papers in family court how do you expect to serve him with a small claims action?

If you do find him your best bet would be to go through family court and get a support payment. That court is better equipped to enforce the support order and to make an order regarding past child support that is owed to you.

once you get a support order from family court you can then go about attaching his wages.
 

jlc614

Member
I am actually going through mily court to terminate his parental rights and have my husbad adopt my son. My son's bf hasn't seen him in 3 1/2 yrs or contacted either of us. In family court you can showthat you have made an attempt to find someone, whiich is what I did to have his visitaton revoked. I didn't know if small claims court had anything like that.
 

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