Can I ask for interest?

[jb8849]

I reside in Utah. My ex-husband refuses to reimburse me for the children's medical claims. I'm taking him to small claims court and wondered if I can ask for interest. After all, I'm not his bank! Any ideas if this is allowed?

 

[JETX]

In most states, you cannot recover pre-judgment interest in Small Claims courts unless the case involves a contract that allows for interest. Unless you have a contract with him that specifies interest to be paid, you can't recover it.
But, that doesn't mean you can't ask... include it in your complaint but don't be surprised if the judge doesn't award it.

 

[jb8849]

Thanks!

I will definitely ask for interst. In November, he was found in contempt of court for non-payment of medical expenses and hasn't paid ONE bill since then. I imagine his game is soon up.

 

[JETX]

You might consider bringing a motion before the original judge (in the divorce) and ask for a warrant to be issued for Contempt of Court. That usually will wake them up when they are arrested.