Taking my ex to small claims court

[Dianeandy]

I am taking my ex to small claims court because when my son went to spend the Summer with him, my ex picked up all of the things my current husband & I bought for my son (all of my sons toys, new bicycle, games, computer, and all his clothing), and when my son returned to us in September, all he came back with was the filthy clothes on his back. I have about $1000 worth of cancelled checks & receipts, but am suing him for $3000 because that's the max I can sue him for in Small Claims court - it is less than the total value of everything, and it will help us replace the things he needs. We live in NY State, and I would like advice on how to best win this case. I was told by the DSS my ex sold my sons things or pawned them. Nice dad, eh? I am also seeking full custody of my son & hope that I can convince my ex to sign off his parental rights so my husband can adopt & care for my son the way a real dad should! thanks for your help, and have a great week!

 

[I AM ALWAYS LIABLE]

I am taking my ex to small claims court because when my son went to spend the Summer with him, my ex picked up all of the things my current husband & I bought for my son (all of my sons toys, new bicycle, games, computer, and all his clothing), and when my son returned to us in September, all he came back with was the filthy clothes on his back. I have about $1000 worth of cancelled checks & receipts, but am suing him for $3000 because that's the max I can sue him for in Small Claims court - it is less than the total value of everything, and it will help us replace the things he needs. We live in NY State, and I would like advice on how to best win this case. I was told by the DSS my ex sold my sons things or pawned them. Nice dad, eh? I am also seeking full custody of my son & hope that I can convince my ex to sign off his parental rights so my husband can adopt & care for my son the way a real dad should! thanks for your help, and have a great week!

My response:

Since I don't see a legal question, all I can say is "Thanks for writing to FreeAdvice.Com."

IAAL

 

[Dianeandy]

i do have a ?~!

my question in the previous post was how I can win the small claims court case against my ex!

thanks!

 

[I AM ALWAYS LIABLE]

My response:

Your question is too general; i.e., "how can I win ?" There are too many factors involved to give you an answer, other than a general response to "be as prepared as you can be." Even in the best of cases, there are no guarantees. Judges view the same laws differently, and alot depends upon the judge you get, and you explain and present your case.

Judges like to see documentary evidence to back up each allegation. Additionally, they want to see "live" witness testimony where documents may not exist; e.g., your son may need to testify that his dad had all of his "stuff" at his house, and wouldn't give them back. Signed and notarized "statements" are useless.

But, the most important problem is getting the defendant to pay a judgment, assuming that you win. You said that he pawned or otherwise sold your son's "stuff" - - so, if that's the case, what makes you think there will be any money to pay a judgment? It just might turn out to be an "empty win".

Good luck anyway.

IAAL