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Small claims-defendant in military

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J

jmpurdy

Guest
What is the name of your state? Massachusetts

An ex-friend knocked out my adult son's (19) front tooth out of anger. Next day after trip to dentist, took 1st bill and drew up an agreement stating that the ex-friend would pay for all medical bills to replace the tooth. He signed it, my son signed it and I witnessed it. We both have copies. He is scheduled for implant surgery. All bills will total approx. 2,500-3,000. Agreement states that he will pay all medical bills within 30 days of receiving each bill. Been over a month now. Here's problem: he enlisted and is in the service, but his mother has dual signature on his checkbook (they told us) when he promised to pay. Can I go forward on the small claims? The bills are adding up...
 


H

hexeliebe

Guest
yes, but it's going to be unlikely the case will be heard until the military releases him from duty. If he just entered, he's in basic training and won't be allowed to leave until it's over. If it's been a few months, he's in school and May be able to get emergency leave, but I doubt it.

IF the case goes ahead and you get the judgement against him then you can attach his military pay and have an equal amount deducted from his pay every month (allotment).
 

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