Can I take someone to small claims court for mutiple suits

[citygirl]

If someone owes me money, can I file multiple suits against them? For example, my EX boyfriend lived with me for 6 months and only paid rent for three of those months. Although he wasn't on the lease, I'm sure I can get my landlord to verify that he lived there. Also, he owes me money for his car that he still has, but the loan is in my name. The agreement with the car was that he would pay the car note and my additional insurance with he rarley paid. In additon, he was supposed to get the loan put in his or someone else's name. The back rent is $2,100 and the car payments exceed $3,000. Also, I don't know how to collect on future car payments. Any suggestions?? (Please no comments on how much of a moron I am--I already know this!!)

 

[Michael Wechsler]

Nope... you aren't a moron! We don't have to say what he is!

Yes, you should be able to file two suits against your ex in small claims court since each suit is a separate transaction. Any argument in court by him or an attorney should be refuted by the statement above. The limitation of $3,000 is with regard to one transaction, not one party. This concerns (1) a transaction regarding a loan for rent, and (2) a separate transaction regarding a car.

 

[citygirl]

I was awarded the judgment in both cases - rather easily too since he didn't show up. Now, do I really have to wait 30 days before contacting the City Marshall to have wages garnished? I've been trying to get money from him for months. Nothing is going to change in the next 30 days.

Also, do you have any suggestions in getting this car back. I tried calling the police (in Missouri), but the since car is in Missouri and I am in NY (so is he), they say I have to go there to file a report. I don't even have a key to the car. To make it worse, my insurance cancelled me because I moved out of state. This guy is extremely uncooperative. Can I go to the police in NY for anything related to this?

 

[Michael Wechsler]

Congratulations on your dual judgments! I had a feeling this would work since it has been tried and used succesfully before!

I would send a demand notice to him to pay. This may be what it states on the back of the judgment. You waited this long, don't mess up the procedure! You probably can send him a simple demand letter via a proof of mailing (just proof you sent a letter to a certain address) and if he does not pay within 30 days of the date of the letter, then you can start proceedings. Do not do so beforehand as you must give the debtor time to pay. I'd give it an extra week. At that time you can proceed.

Regarding the car, did the Small Claims Court cover the future and current remaining balance on the car? If you are seeking to file a police report, it would seem MO is the proper place to start and perhaps they will take a report over the telepone or via fax. It's always tough with relationships and the moron is him for letting this go way too far.

 

[citygirl]

The small claims suit was for past payments for the car. I specified January through December 2001. Not the remaining balance due on the loan. Although the amount awarded for both claims is the approximate amount of the loan. If I am ever able to get the car back, I will try to sell it to a dealer, and will most likely have to pay the difference to pay off the loan, since I know the car isn't worth what I owe. Then file another suit against him for anything that I have to pay. More for the embarrassment of it (since all correspondence is going to his job) than anything else. I'm guessing that my chances of seeing any money are pretty slim. I just want this over with. I will call the St. Louis police today. And send him a certified letter asking for payment. Thanks for your help.

How do we get ourselves in these situations anyway?

 

[Michael Wechsler]

We get ourselves in these situations by having our heart and optimistic outlook about people dominate the pure logic in our brain. But the brain's answer isn't always the correct one and it's also easy to be a Monday morning quarterback.

Sometimes it's not easy to make the right decision, especially if it would seem to cause a significant amount of distance or discomfort between two people who should be able to trust each other. While it's small consolation, fortunately this has been a small claims matter. Live, learn, and you will hopefully avoid such a situation if it arises again... I wish you the best of luck.

 

[citygirl]

I sent him the letter asking for payment, which he completely ignored. I also went to the sherrif's office to garnish wages, but I don't think he has the same job, and I don't have any other info on him. Also, the sherrif's office takes several months, so I'm still waiting to see what happens with that.

So, back to getting the car back...it has now been a year since I have seen the car and about that long since he's paid me any money. I called the St. Louis poice dept. and they say I have to file the report in person. I want to go to the NYC police and report it stolen and tell them that he has it. Can I do this? And how do I report a car stolen that I willingly let him drive and have let this go on for a year?

I keep trying to contact him, I've even tried the "nice" approach. He says he'll give me money on a certain day and then doesn't. I have no idea what I can do, what my rights are, etc. There has to be something that the police here can do for me...or should I look into getting a lawyer? HELP!!

 

[jon_]

I don't know what a lawyer can do for you and it may be costly. This is a problem of collections and enforcement.

 

[citygirl]

Now what...collecting a judgment

I went to the sheriff and he was served..and ignored it. I have since went back to the sheriff to garnish wages, however I have learned that he quit his job. He has never had a bank account and really owns nothing...except a drum set and a lot of debt...

I just found out that he is living in NJ and this was all done in NY. Can I go to the sheriff in NJ and have him served again? Also, how do I obtain his credit report? I read that as a judgment creditor I have the right to it.

 

[Michael Wechsler]

It is an inconvenience -- you will have to file your judgment in NJ. You can ask at the local county clerk to help you. They will provide you with the procedure of what you need to do, such as providing them with proof of your New York judgment (it's not as simple as a copy of the papers.)

Yes, frequently enforcement costs more than the judgment. You can always petition the court to add the costs to the judgment.

If you want to stick it to the person, file the judgment in the county they are located, including New Jersey. It will show up any time they seek a loan and will not be happy about it.