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Small Claims Court or Court TV Show? Which to choose?

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YeahItIsMe

Junior Member
Chicago, il here

Ok, A small claims lawsuit was filed in IL regarding my soon to be ex wife and my mother. My mother is suing my soon to be for a contract she signed that we all made up regarding a automobile and making payments on it.

Once we split, She kept the car that is in my mothers name and stopped making payments, So my mother removed the car from her. My soon to be ex went against a contract she signed and my mom signed about the car. So my mother filed a small claims case for i think around 9,000.00

After it was filed about 2 weeks later we get a letter from Judge Mathis. Judge mathis is a one of those many famous tv court shows on tv.

Anyways, they also contact my ex and want my mom and her to go on the show. Thing is, they only pay out a max of 5,000.00 if you win, BUT if you win you get a check cut to you that day from the show.

I heard from a friend of mine that she is plaining on counter suing on the show for 3,000.00

For what? i dont know. I thought you needed to file in order to counter sue

Anyways, does anyone have any experience? comments? advice? as to which would be better for her? Small claims court or the Judge mathis show?

I read some reviews of this show from people and they say that you read cue cards and all types of stuff, making it seem not so professional.

My mother is just concerned about getting her money if she wins is all, and i was told that even though you go to small claims court and win, the other person doesnt have to pay. thay you have to bring them back to court.

Any advice would be good.
 


Happy Trails

Senior Member
Chicago, il here

Ok, A small claims lawsuit was filed in IL regarding my soon to be ex wife and my mother. My mother is suing my soon to be for a contract she signed that we all made up regarding a automobile and making payments on it.

Once we split, She kept the car that is in my mothers name and stopped making payments, So my mother removed the car from her. My soon to be ex went against a contract she signed and my mom signed about the car. So my mother filed a small claims case for i think around 9,000.00

After it was filed about 2 weeks later we get a letter from Judge Mathis. Judge mathis is a one of those many famous tv court shows on tv.

Anyways, they also contact my ex and want my mom and her to go on the show. Thing is, they only pay out a max of 5,000.00 if you win, BUT if you win you get a check cut to you that day from the show.

I heard from a friend of mine that she is plaining on counter suing on the show for 3,000.00

For what? i dont know. I thought you needed to file in order to counter sue

Anyways, does anyone have any experience? comments? advice? as to which would be better for her? Small claims court or the Judge mathis show?

I read some reviews of this show from people and they say that you read cue cards and all types of stuff, making it seem not so professional.

My mother is just concerned about getting her money if she wins is all, and i was told that even though you go to small claims court and win, the other person doesnt have to pay. thay you have to bring them back to court.

Any advice would be good.
There are pro's and con's to which one to use.

If she were to win the judgment on the tv show, she is limited to the amount that they would pay. However, she would lose the $4000 (that is if she were to win) and she would have to settle for the $5000 limit, but she would get that money.

If she were to win in small claims court and the defendant did not pay, it would be up to her to try and collect the judgment. So she may win the $9000 judgment, but would she be able to collect it?

More information can be read here:

http://www.ag.state.il.us/consumers/smlclaims.html
 

dcatz

Senior Member
Happy Trails generally nailed the central issue – it’s a cost-benefit decision.
Does your soon to be ex have $9,000, if she loses in court?
If no, would your mother have the knowledge and patience to try to collect?
Does your mother actually have a meritorious case and is it worth $9,000? (Trying to figure that one out, and it seems kind of important, whichever forum you choose. Your mother has the car and the title. Did she have to make up an arrearage of $9,000? Were they going to share the car? What is the basis for damages? There’s not enough information about the contract to know if your mother has that entitlement. If she “won” but was awarded less than she’s claiming, is she still the winner of the $5,000?)
Does the “loser” on the show get paid anything for appearing? (Can’t believe they don’t.)
 

Happy Trails

Senior Member
Happy Trails generally nailed the central issue – it’s a cost-benefit decision.
Does your soon to be ex have $9,000, if she loses in court?
If no, would your mother have the knowledge and patience to try to collect?
Does your mother actually have a meritorious case and is it worth $9,000? (Trying to figure that one out, and it seems kind of important, whichever forum you choose. Your mother has the car and the title. Did she have to make up an arrearage of $9,000? Were they going to share the car? What is the basis for damages? There’s not enough information about the contract to know if your mother has that entitlement. If she “won” but was awarded less than she’s claiming, is she still the winner of the $5,000?)
Does the “loser” on the show get paid anything for appearing? (Can’t believe they don’t.)
I can't speak for all of the court shows, however, some shows do offer to pay the plaintiff and the defendant their travel expenses, lodging and 2-3 hundred bucks for their appearance. My daughter was contacted by most of the tv court shows (after she filed a SCC case) and they would negotiate what they would be willing to pay them.

She was also told that if she did win a judgment that she would be paid that within 30 days of their appearance.
 

YeahItIsMe

Junior Member
yeah my ex sent me a email saying that my mother has a better chance going with judge mathis then to regular court. Her exact words were cause if she does win, it will be a LONGGGGGGGGGGGG time before she pays my mom anything.

we live in chicago and the show is in chicago, so traveling is not the issue.

I am just wondering why my soon to be ex is so wanting to go on the show instead of regular court. something just seems funny to me.

as for my soon to be having money, she works full time at a good job, and though she has money i know she wont pay, so i guess going on the show is the best bet. even though my mother will be losing out if she does win.
 
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YeahItIsMe

Junior Member
i will try and explain the contract that she signed and what is going on, so that way maybe you can tell me if there is a case.

I bought a car is 2000 on a smart buy ( which is like a lease ), i met her in 2003, i became disabled ( visually impaired buy a eye disease i have ) in 2003, which made my not able to drive anymore. She became the driver of the car, we both paid for it since when we married ( since are money was together )

in 2005 the smartbuy contract was up, we had the option to return the car and pay whatever fees were due by the dealer or refinance the remaining balance. Since her credit and mine is bad and we could not get a loan to refinance, my parents did it for her. They took a loan out for 10,000.00 for the car to pay off the balance.

My parents typed up a contract and had her sign it and had it notarized at a currency that stated she had to pay such in such amount until the balance was paid in full, etc, etc.

that she have insurance until it was paid off and also to pay all maintenance and damage costs. ( it was more detailed then the way i just explained it )

anyways, we separated this year, which then she kept the car and did not drop any money off to my mom, no checks, had no insurance and totally went against everything in the contract. Also she had about 5 unpaid parking tickets that add up to about 600.00 SO my mom called the cops, cops couldn't do anything but told my MOM could remove the car when she was at work ( cop just told us this on the side )

so we did that and now my mom has this car here, with payments she cant make on it cause she cant afford it, my ex was suppose to pay it ( says the contract )

So now she is suing for what is DUE to pay the car off and also for damages on the car.
 

dcatz

Senior Member
OK, viewing your two posts, my personal inclination would be to go to court. Now others have something with which to disagree.

The contractual obligation looks much better when explained. (And I mean this with no offense or lack of empathy, but it would also "play" well on TV - the altruistic parents, the heartless putative ex etc.). But I wouldn't give her a stage (literally), and I wouldn't give up almost 50% of the claim, if the collection prospects are good.

There are multiple enforcement options, if you're ready to pursue them. You may have bank account information already (if not, get it - send her a $25 check to return the family heirloom whatsis and get account information when it's cashed - it's cheap discovery, unless she goes to a corner check casher). If she has a good job and you don't expect her to flee or evade, garnish wages - I don't see anything that would amount to a significant exemption in your post. And those are just the two easiest ways to start - there are more.

Finally, a court judgment will go on her credit record and that's costly; a TV judgment won't. And there's no interest accruing on the TV judgment, while IL has a 9% APR on civil judgments.

Again, that's just a personal opinion based on what you've posted.
 

las365

Senior Member
weigh the options

Is it your parents’ position that the principal and interest due to pay off the loan is $9,000, they have repossessed the car, and that your estranged wife should pay the entire $9,000 while they keep the car? That isn’t likely to fly in either TV court or real court. It doesn’t sound to me as if they are giving up a sure $9000 judgment by going on Judge Mathis. They could lose no matter which route they take.

Plus, if your ex is so flush, with her good job and all, why wasn’t she making the payments? If she is comfortable with being a deadbeat, I doubt it would be so easy to collect a judgment from her.

I would suggest that they watch the show to see how the contestants, er, litigants, are treated. If they are willing to subject themselves to being fodder for such entertainment, and maybe receiving a lecture, then it may be that it would be their best route to actually getting a recovery.

By the way, was their contract with her only, or was it with her and you?
 

dcatz

Senior Member
Originally Posted By las365
Is it your parents’ position that the principal and interest due to pay off the loan is $9,000, they have repossessed the car, and that your estranged wife should pay the entire $9,000 while they keep the car?
That wasn’t the way that I read the post, but possession isn’t directly addressed, we haven’t seen the contract and, if that’s mother’s thinking, I agree with you about the problems.

I would be very surprised if they wrote up a complete retail installment agreement, and I suspect that the issues they should be dealing with are much larger than whether to go to civil court or go on TV.

Mother appears to have conducted a “self-help” repossession, and if the putative ex pays off the loan, she should have the car and title. If she’s filing a counter-claim, there’s a good chance that it’s for what was already paid, because she has neither the car nor the title.

The problem is that the OP says that Mom can’t make the payments that are due to whoever did do the “real” financing. As a practical matter, that may mean that the car gets repo’d before they get to any court. And if there’s a sale and deficiency balance suit, Mom’s going to be the defendant.

If I were Mom, I’d talk to the dealership to see if I could sell the car back or I'd sell it independently, apply the money to the balance and amend my claim down (if she can get it to $5,000 or below, go on TV with a suit on the contract, pay the remainder and get out from under the whole thing). Alternatively, I would see if I can unilaterally transfer title in IL to the next Mrs. Ex, do it, send her a certified letter, RRR, telling her to pick up her car, amend my claim up to cover tickets and repairs and go to civil court. If it represented a total solution, I'd probably prefer the former.
 

las365

Senior Member
I would be very surprised if they wrote up a complete retail installment agreement, and I suspect that the issues they should be dealing with are much larger than whether to go to civil court or go on TV.
I totally agree. It sounds as if Mom and Dad took out a loan to pay off the balloon payment in reliance on the representation, formalized in the contractual agreement, that Daughter-in-Law would make monthly payments to them to pay off the loan.

Who is the legal owner of the car? Is there a lien on the car from the loan that Mom took out? Does Mom own the car and the contract with DIL was to purchase the car from Mom? Is the contract enforceable?

If Mom owes the loan and has the car, it sounds as if her damages aren’t quantified yet, because in theory she could make the payments, own the car, and all that has happened is she lives with the deal she made with the lender. If, as dcatz suggests, Mom sells the car, applies the proceeds to the loan, and then knows how far she is in the hole afterward, she probably has a better claim against DIL for that amount.

My other question remains: is the OP a party to the agreement? Is the obligation to make the payments to Mom one that he and the DIL share? Because that changes the whole scenario, in my opinion.

Mom should pay for a consultation with an attorney to review the contract and the facts and get an opinion as to what her viable claims and damages are. Then she can make an informed decision.

The reality is that this is a lesson that you probably ought not lend money to people who have such bad credit that they can’t get a loan from a commercial lender.
 

YeahItIsMe

Junior Member
Sorry for all the confusion everyone. I am also confused myself. Me and my mother have never been to court for anything and know nothing about what to do.

We have the car ( sitting in are garage ), My mother cannot afford to pay the monthly payment on the car, So she is using her credit card to make monthly payments.

The car was LEASED in 2000, in 2005 the lease was over so the dealership gives you a option of returning the car and if there are any damages, you pay them and then your done. OR you refinance the remaining balance on the car, and once that is paid off you own it. The bank has the title because the car is not paid off yet.

So, Since my Ex went against the contract that my mom wrote up and had Her sign, Me sign and My Ex sign, My mother took the car from her and parked it in the garage.

We WOULD sell the car, and then sue for whatever balance that was left, BUT since the car is not paid off, we dont have a title. Also, there is alot of damage on the car that my Ex is liable for, meaning the car will NEVER sell for what is owed on it, not even close to what is owed on it.

SO, what my mother is suing for, is damage costs on the car, which is around 7,000.00. If she was able to sue for the entire amount of the car, then she would be happy to return the car back to me ex. But she simply cant ( well in small claims court she can cause the limit is 10,000.00 but my ex told me it will be ALONGGGGGGGGG time before she gets money out of her )

My mother and I are pretty much in the hole at the moment due to my ex wife, we are beyond broke and can bearly live at the moment due to this car.

So the car sits in the garage, nobody drives it.

If she sues for damages which is 7,000.00 and if she wins on Mathis and gets 5,000.00 she can then get it fixed and sell it for its owed vaule and pay the car off, no problem.

My mother has PROOF that she has been paying on the car for the past 4 months and that my Ex has not had insurance on it since last year. She has bank statements, credit card statements and insurance statement.

Here is a link to the contract that was made up, i blurred out the names for safety reasons ( since we are on the net )

The bottom line is this. As soon as we separated, she stopped dropping a check off to my mother so she could pay the car loan. Why do you ask she drop if off to my mom instead of her just going to the bank and doing it herself? Because she is a liar and cannot be trusted. A recipet was going to be emailed or mailed to her each time she made a payment ( i was going to copy it and mail it )

Also, she has not had insurance on the car since last year, which means since the car is NOT in her name, if she got in a accident i believe my mom might be in trouble.

These are the reason why my mother has taken the car.

Link below is the contract she made up that I, My Ex and My Mom signed. Names have been blurred out for safety.

http://img.photobucket.com/albums/v323/thoughtless0ne/noname.jpg
 

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