back to court

[gginwis]

I am from wisconsin. My son lost in small claims. After the loss he went over to his x-girlfiends (who won the case) to pick up his furniture, appliances, etc. She asked him not to take the stuff because she could not afford to replace it, she would forget the judgemt if she could keep his stuff. (she told him she only took him to small claims because she was mad at him for taking her to court on a restraining order) He agreed as long as she told clerk of courts the judgement was paid and he wanted his mountain bike, she said she would tell them the judgement was paid but she sold the bike and some of his stuff. Well, he thought everything was settled because he had not heard from her for a couple of months since the action, just the other day his boss was served with garnishment papers, he refused to pay and they are going back to court. Was this just a game so he would not appeal and get his furniture. Will he go to jail for contempt because he would not agree to the garnishment? Is it to late for an appeal. Does the judge have the ability to settle all this at the next hearing or he will only hear the furniture dispute if he does a seperate small claims suit. The original small claim did not envolve his furniture.(most likely it is all sold) Any help would be appreciated.

 

[JETX]

Q1) "Well, he thought everything was settled because he had not heard from her for a couple of months since the action, just the other day his boss was served with garnishment papers, he refused to pay and they are going back to court."
A1) And of course, even though he had just been SUED by this person and LOST, he obviously still trusted her enough to NOT get ANYTHING in writing of these 'promises'!!!!

Q2) "Was this just a game so he would not appeal and get his furniture."
A2) Who knows. If it was, he LET it happen. Sorry, but some people just have to get hit with a stick until they learn!!

Q3) "Will he go to jail for contempt because he would not agree to the garnishment?"
A3) No. A valid challenge to a garnishment proceeding is NOT contempt of court. That would require an order to be issued by the court first, and then his disobeying that order.

Q4) "Is it to late for an appeal."
A4) Very probably.

Q5) "Does the judge have the ability to settle all this at the next hearing or he will only hear the furniture dispute if he does a seperate small claims suit."
A5) From your post, we assume that the 'issue' has already been resolved.... at least the claims made by the plantiff in that suit. This would mean that the 'next hearing' will NOT be an argument of the merits of the original case. That horse has already left the pasture!

Q6) "The original small claim did not envolve his furniture."
A6) If he feels he can support his claim in court AND if the statute of limitations hasn't expired, he can sue her to try to recover his damages (the VALUE of the furniture).