This is a tough one....need information please.

[NPinks]

Ok, In June my husband and I got divorced. I moved to Illinois from Georgia with my kids because I have sole legal custody of them and did everything legally so that I could move.
My ex decides that he is going to take me to small claims court here in Illinois for some "unpaid" (he paid the bills and I paid him cash and didn't get receipts) utility bills at our home before I moved. So, we are in court last Thursday and the judge said that we could go into the hall and try to come to a payment agreement that would make him happy. No problem. I tell him that since I am unemployed and still actively looking for a job that all that I could possibly afford to pay him was $25.00 a week until the amount is paid off....again. He wouldn't agree and told me that he would take my car and sue me for travel expenses to get to Illinois and all kinds of craziness. Well, we get back into the courtroom and the judge asks if we came to an agreement. I told him that we hadn't because he wouldn't accept my offer so I told the judge that I wanted this to go to a bench trial. He set a date for that in October. My ex was fuming!!!
In the meantime, I told my ex that since he was here, he could see the kids. Thursday after school, I took my kids to meet with their dad for a few hours. That apparently went well and we planned on letting him take them for a few more hours on Friday. That's when all hell broke loose! We were on the phone trying to set a time for him to get the kids when I mentioned the fact that the child supprt check that he insisted that he had sent never got here and that he was now 2 weeks behind and he might want to stop payment on the check that he mailed. Anyway, he blew up at me and told me that he "would see me dead and take the kids so that he didn't have to pay me anything". Well, I am sorry, you don't make a threat like that and then expect me to turn my kids over to you! I called the state patrol and told them what had just happened, they got some information and found him on his way here from where he was staying. I had them write a report so that I had some proof that there was an altercation. They then told him that he needed to leave the state.
NOW, the problem that I am running into is, what do I do now? I don't trust him as far as I can throw him and I really think that he is going to go to the court in Georgia and tell them that I denied him visitation (this was NOT a regurlary scheduled visitation). Is there some legal recourse that I can take? Possibly supervised visitation with a threat like that??? I really could use some advice here and I can not afford an attorney.

Thanks soooooo much for reading all of that!

 

[army judge]

Ok, In June my husband and I got divorced. I moved to Illinois from Georgia with my kids because I have sole legal custody of them and did everything legally so that I could move.
My ex decides that he is going to take me to small claims court here in Illinois for some "unpaid" (he paid the bills and I paid him cash and didn't get receipts) utility bills at our home before I moved. So, we are in court last Thursday and the judge said that we could go into the hall and try to come to a payment agreement that would make him happy. No problem. I tell him that since I am unemployed and still actively looking for a job that all that I could possibly afford to pay him was $25.00 a week until the amount is paid off....again. He wouldn't agree and told me that he would take my car and sue me for travel expenses to get to Illinois and all kinds of craziness. Well, we get back into the courtroom and the judge asks if we came to an agreement. I told him that we hadn't because he wouldn't accept my offer so I told the judge that I wanted this to go to a bench trial. He set a date for that in October. My ex was fuming!!!
In the meantime, I told my ex that since he was here, he could see the kids. Thursday after school, I took my kids to meet with their dad for a few hours. That apparently went well and we planned on letting him take them for a few more hours on Friday. That's when all hell broke loose! We were on the phone trying to set a time for him to get the kids when I mentioned the fact that the child supprt check that he insisted that he had sent never got here and that he was now 2 weeks behind and he might want to stop payment on the check that he mailed. Anyway, he blew up at me and told me that he "would see me dead and take the kids so that he didn't have to pay me anything". Well, I am sorry, you don't make a threat like that and then expect me to turn my kids over to you! I called the state patrol and told them what had just happened, they got some information and found him on his way here from where he was staying. I had them write a report so that I had some proof that there was an altercation. They then told him that he needed to leave the state.
NOW, the problem that I am running into is, what do I do now? I don't trust him as far as I can throw him and I really think that he is going to go to the court in Georgia and tell them that I denied him visitation (this was NOT a regurlary scheduled visitation). Is there some legal recourse that I can take? Possibly supervised visitation with a threat like that??? I really could use some advice here and I can not afford an attorney.

Thanks soooooo much for reading all of that!

Okay, first things first.
Make sure you return to court in Illinois for the small claims matter.
When you do, and he doesn't, you'll get a default judgment or a dismissal.
If you don't, it could go against you.

Before I get to point two, how much was the small claims case in Illinois?
This guy sounds like a jerk.

On to point two.
Don't worry about what hasn't been done.
If this bum does try to get a contempt charge against you in Georgia, just make sure you defend against it.
You have great proof with the police report and the involvement of the ISP.

The contempt proceeding won't get very far.
In the interim, STOP communicating with this worm.
You are divorced for a good reasons, no doubt!!!

If there is a need to communicate, do it though attorneys or trusted third parties.
Whatever you do, don't talk to this germ on the telephone, unless its a true emergency and you have reliable "witnesses" present!

If the "wild man" and "bully" does bring contempt proceedings against you, counter with a request for supervised visitations, pysch exams, and anger management classes for him. Also, bring up his arrearage in relationship to his failure to pay child support as ordered by the court!

 

[NPinks]

I spoke with you about this small claim thing awhile back. It was for $1,000.00 plus expenses, making the total somewhere around $1400.00.
The judge here questioned why he filed it in Illinois since the bills were from Georgia. He said that he was told by the clerk of court there in Georgia that he had to file here in Illinois because this is where I live. The judge here told him that he could file it in Georgia when he got back and if he did, that he needed to notify the court here that he did so that it could be dismissed here. I don't know, it's all so damn confusing!
Yes, I am divorced for a good reason!

 

[army judge]

I spoke with you about this small claim thing awhile back. It was for $1,000.00 plus expenses, making the total somewhere around $1400.00.
The judge here questioned why he filed it in Illinois since the bills were from Georgia. He said that he was told by the clerk of court there in Georgia that he had to file here in Illinois because this is where I live. The judge here told him that he could file it in Georgia when he got back and if he did, that he needed to notify the court here that he did so that it could be dismissed here. I don't know, it's all so damn confusing!
Yes, I am divorced for a good reason!

The guy is a real bum.

He owes you child support, and sues you for a lousy $1,000.

It must have cost him $300-400 to travel to Illinois.

Anyway, follow my directions and you'll be okay.

He can sue you in GA, but he won't be able to serve you.

Avoid him.

He may have done this to force your hand to come back to Georgia.

People will sometimes behave thsi way to get their target to return to a state where they have legal surprises waiting for the target.

Keep your eyes and ears open, and your thinking cap on scan!

 

[NPinks]

So, if he files for this in Georgia, he can't have me served here? I thought that he could. And if he does manage to have me served somehow, if I don't go then I could be held in contempt, correct???

Thanks so much for all the information too!!!

 

[army judge]

So, if he files for this in Georgia, he can't have me served here? I thought that he could. And if he does manage to have me served somehow, if I don't go then I could be held in contempt, correct???

Thanks so much for all the information too!!!

No, that isn't exactly correct.

It would be very hard and somewhat expensive to serve you in Illinois for a small claims case in Georgia.

A Georgia small claims court can't automatically assert its jurisdiction over a citizen of another state.

It can be done, but its difficult and expensive.

Most plaintiffs that sue in small claims don't know how to do it, and can't afford to do it.

But, assuming he does serve you PROPERLY, that same Georgia small claims court can't compel you to come to Georgia to defend the case.

Small claims courts have no contempt authority over residents of other states.

Few have contempt authority in general.

Assuming dimwit forges forward and gets a judgment against you from his Georgia court, he'd then have to domesticate that judgment in Illinois.

That isn't easy, nor is it cheap.

If he does it correctly, he'd then have to serve the judgment in Illinois to get some of your stuff.

Illinois has homestead exemptions.

Read the article below.

What this idiot is trying to do for $1,000 amuses me.

Let me know when he tries to do this again.

I'll defend you pro bono.

Don't worry about this dummy.

I'll enjoy toying with him, legally.

The Effect of the Liens

A judgment creditor with a lien may be able to force a sale of the debtor's property and be able to use the proceeds to satisfy his judgment, to the exclusion of the other creditors. Even if the creditor cannot force a sale, because the real estate is exempt or for other reasons, state law permits the lien to remain in effect for 7 years from the time it is entered or revived (an old judgment can be extended or "revived"). For that period of time, the lien will "cloud the title" of the debtor's real estate because, if the debtor wants to sell the real estate, the judgment will have to be paid first.
The Homestead Exemption

In Illinois, an individual who occupies real estate as a residence is entitled to a homestead exemption. The home cannot be sold to satisfy a lien if the amount of the equity interest in the home is less than the exemption amount. The exemption is $15,000 for a single person, and $30,000 for a married couple who both own the residence.

This must be compared to the debtor's equity interest in the property. A debtor's equity interest in real estate is figured by subtracting amounts owed on a mortgage (or other liens on the house) from the present value of the property. If that is less than the exemption, there cannot be a forced sale of the house to satisfy the lien.

For example, if a home is worth $85,000, but the sum of $75,000 is owed on the mortgage, the debtor's equity interest is $10,000. If the debtor is married, and both spouses own and live in the residence, they have a $30,000 exemption. Because the debtor's equity interest in the real estate is less than the exemption, the home cannot be sold to pay their debt. However, if the amount of the equity interest is greater than the exemption amount, then the home might possibly be sold.

http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_Content&contentID=299