Small Claims Court help!

Fireball77

Senior member
Feb 26, 2002
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Okay, when I was divorced, My ex-wife had taken full responsibility of the car that was in my name, that she had totaled while we were seperated. I have a letter from her stating that she would pay the balance of the car (we did not have gap insurance, wasnt offered when we bought the car) which was @2700. And also in the divorce papers, she agreed to pay for the car. Well, here we are 6 months later. She hasnt paid a dime. So now I have to take her to small claims court.
A few problems, she moved away to another city, I dont have her acutal address. I do have her Mothers address, and I have her work address. Am I able to have the papers sent to her at thoes addresses? Right now she is telling me she is quitting her job on Wed. and is moving away. If paperwork is filed, and she moves, is she still required to meet all court appearances, no matter what?
This is all new to me, and has been very frustrating. I have given her every opportunity to pay this. And she has only played games with me. This is the only thing left that connects me to her.
This is in California by the way. Any advice guys is greatly appreciated.
 

amdhunter

Lifer
May 19, 2003
23,332
249
106
Have a lawyer deliver the letter in person at her place of work. Not only will it be valid, but you will embarrass the ho. It will be her repsonsibility to come to you.

Kill two birds with one stone.
 

Reel

Diamond Member
Jul 14, 2001
4,484
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76
Originally posted by: amdhunter
Have a lawyer deliver the letter in person at her place of work. Not only will it be valid, but you will embarrass the ho. It will be her repsonsibility to come to you.

Kill two birds with one stone.

In Florida, the notice for small claims court has to be delivered by certified mail or a sheriff.
 

PowerEngineer

Diamond Member
Oct 22, 2001
3,583
756
136

Hopefully you have some alimony you can subtract the car costs from; otherwise you've been had. As long as your name is on the loan or title, you're going to be held responsible. Her letter agreeing to pay everything is no protection to you (as you have already found out). Never ever agree to a division of common assets where the other person is supposed to make payments that you are also responsible for legally.

Hope it works out for you in small claims court, but it doesn't sould like there's much you can collect.
 

Fireball77

Senior member
Feb 26, 2002
685
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Originally posted by: PowerEngineer

Hopefully you have some alimony you can subtract the car costs from; otherwise you've been had. As long as your name is on the loan or title, you're going to be held responsible. Her letter agreeing to pay everything is no protection to you (as you have already found out). Never ever agree to a division of common assets where the other person is supposed to make payments that you are also responsible for legally.

Hope it works out for you in small claims court, but it doesn't sould like there's much you can collect.


No alimony. I got lucky. Just this one snag is all I have to deal with. I was trying to be the nice guy here. But I still got walked all over, just like when we were married. The whole thing isnt about the money, it is about principal. She thinks I am just going to go away and let her keep getting away with her crap. She agreed to pay for it. She is going to pay for it. She is a habitual liar who needs to be set straight.
 

suse920

Diamond Member
Feb 7, 2005
6,889
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Originally posted by: Fireball77
Originally posted by: PowerEngineer

Hopefully you have some alimony you can subtract the car costs from; otherwise you've been had. As long as your name is on the loan or title, you're going to be held responsible. Her letter agreeing to pay everything is no protection to you (as you have already found out). Never ever agree to a division of common assets where the other person is supposed to make payments that you are also responsible for legally.

Hope it works out for you in small claims court, but it doesn't sould like there's much you can collect.


No alimony. I got lucky. Just this one snag is all I have to deal with. I was trying to be the nice guy here. But I still got walked all over, just like when we were married. The whole thing isnt about the money, it is about principal. She thinks I am just going to go away and let her keep getting away with her crap. She agreed to pay for it. She is going to pay for it. She is a habitual liar who needs to be set straight.

sounds good to me