Small claims questions....

[fuscucla1]

I have money in two separate accounts with a friend (one is joint and the other is in his name, but I have a written contract that the money in his account is mine), what I want to know is can I file a lawsuit in small claims court to sue for money in the accounts separately. Or will a second law suit be dismissed because I already sued him once to begin with? Accounts are in seperate institutions. Also, once I get a judgement what avenues are available to me to collect the judgement? Thanks in advance.

 

[lawrat]

I am a law school graduate. WHat I offer is mere information, not to be construed as forming an attorney client relationship.

You have a written agreement stating the $ in each account is yours? Or at least a portion of it? THat is VERY VERY SMART.

Now, it would be better if you took him to small claims (if the money in both accounts is less than the total cap allowed by the state). If you want to bring both actions together, may I suggest you file them separately on the same day though and bring both to court. The judge may decide to do away with both for interests sake. You get away with a lot more in small claims court than in other more heavier civil suit situations.

If you bring them as separate suits, you may or may not be barred. They ARE separate accounts and thus separate actions. BUT if they are under one written agreement, it may be different.

Okay, light bulb. Ask the court clerk what the practice of that court is: file separate causes of action on one day and ask the court to consolidate them into one action for court efficiency OR file under one claim and have the court resolve both.

If it is one written instrument, I would attach both to one suit.

I.e. this written agreements covers my funds in
1) account A AND
2) account B.

Hope this helps.

 

[fuscucla1]

Thanks for your help, I appreciate it. However let me clarify.... The joint account has no written agreement and I would be suing for $5000 which is the limit, the second account has a written contract and that also would be a $5000 law suit. I was thinking of filing them a few months apart, or atleast after the first one is settled. The joint account was based on a verbal contract that mirrored the written one for the other account. Basically it states that I will put in money and collect 50% of all profits, if no profits are generated then the other party is responsible for all losses and the complete reimbursement of my money. If you email me ([email protected])I can get into great detail and explain it fully. Thanks in advance.