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Sued by sister

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C

CRICH65

Guest
What is the name of your state? Arkansas


ABout 2 years ago I was sued in small claims court by my drug addicted sister for money she said I owed her. I didnt really but thats really not important becuase for some reason the judge believed her and I lost. At the time I was working from home and she really couldnt collect the money. The judge told her that there wasnt anything she could do and told me If I ever got a job I had to contact the court within a week. I guess so they could take my wages. I pretty much figured it was over. Now two years later my sister has lost custody to her kids to my parents becuase of her drug use. For some reason she blames My wife and I for this and Is now taking me back to court. I got a notification in the mail today about a hearing in a few weeks. I now have a real job and my problems are these. I have to be out of town on business that day, if I call the court and tell them I guess that would mean that I have a job and Didnt tell them. Im worried about going to jail for contempt. What if I just dont show up? I wasnt served and How can they tell if I got the notice? Would it help if My family comes to court with me and tells the judge what a liar she is, Or does that not matter becuase I already lost and didnt appeal?
Its not that I cant afford to pay the money. We just know this is revenge from my sister and know that she needs drug money.
ANY SUGESTIONS?
 


JETX

Senior Member
"I now have a real job and my problems are these. I have to be out of town on business that day, if I call the court and tell them I guess that would mean that I have a job and Didnt tell them. Im worried about going to jail for contempt."
*** Won't happen. First, the order to advise of job would have had to be included in the judgment itself (unlikely). Simply, the judge telling you to report a job isn't sufficient to warrant a contempt.

"What if I just dont show up?"
*** Then an Order to Compel could be issued.... or a warrant issued.

"I wasnt served and How can they tell if I got the notice?"
*** Because you got it ("I got a notification in the mail today about a hearing in a few weeks"). Was it sent certified?? In any case, why play games about this. You have a judgment against you, right or wrong. You are now expected to pay it.

"Would it help if My family comes to court with me and tells the judge what a liar she is, Or does that not matter becuase I already lost and didnt appeal?"
*** Doesn't matter. They can testify to your good standing until the cows come home... it won't alter the already issued judgment against you.

"Its not that I cant afford to pay the money. We just know this is revenge from my sister and know that she needs drug money."
*** It shouldn't be any of your concern what you think she might spend the money on. It is a valid judgment, and time has come to pay it.

"ANY SUGESTIONS?"
*** Pay the judgment. Get a receipt. Get a Satisfaction of Judgment from the creditor.
 
C

CRICH65

Guest
Thanks for your quick reply.

I have another question is you dont mind.

The reason I couldnt prove anything before is becuase my parents couldnt or I should say wouldnt testify that she was lying.
Now they said they would be happy to. My question is. If I go back to court and agree to pay her can I then sue her for suing me for something that wasnt true now that I have someone that will back my side of the story?
 

stephenk

Senior Member
your time to appeal the original judgment is long gone.

what is the hearing you are going to? Your notice should have the name of the hearing, ie. Motion to Compel, Judgment Debtor Hearing, etc.
 
C

CRICH65

Guest
It doesnt say what it is for...Im sure its just because I havent paid it. But What I am scared about is the judge telling me to contact the court when I have had a job for a year.
And I dont want to appeal it. I was wondering if I could sue her for suing me falsly. Being that I pay her the 1200 bucks and then sue her for 1500 for lying? Hey, its a long shot! lol But this really sucks. I really feel that she is just stealing from me for some sence of revenge for something I didnt even do.
 

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