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  1. #1
    Join Date
    Mar 2007
    Location
    Minneapolis, MN
    Posts
    2

    Arrow Are The Court Rules Different When You Sue A Relative

    I have a deadbeat, legal-alien, son-in-law, who is employed. We drew up a contract for money loaned to help him finance is legal status change ($2400). It was signed by daughter and him. (no witnesses). Payment was due 6/2008. Additionally, we received an oral promises by my kid to pay back money loaned to help them with rent. Total of all owed = $3785. We've asked for it, sent 1 email itemized bill/request and personally handed him another copy. He has no intension of paying, and says it is his wife's responsibility. (dysfunctional relationship there, which I'll spare you the details.)
    Questions: IF I file, does the court look at the case as money owed REGARDLESS of relationship status. Or, because it is my daughter and son-in-law, the small claims court views it as a relative and no notarized contract... so it is 'too bad' ?
    Do we have to file against both parties?
    Do we have a case with the oral part of the money situation?

    He is talking about moving back to NY spring of 2010. IF he does and we win a small claims court judgment in Carver County, MN, do we have to file again in NY?
    We would attempt to have his wages garnished both here and again in NY.
    Does one have a realistic chance of accomplishing garnishment?
    Do courts ignore or "discount" cases involving relatives? Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Are The Court Rules Different When You Sue A Relative

    You can get a judgment against a relative. You can normally get a judgment against only one person on a promissory note, but I haven't seen the text of the note at issue here. If you get a judgment in one state and want to enforce it in another state, you need to register it for enforcement under that state's laws. To successfully garnish, you have to identify a source of money or income that can be garnished and get a court order authorizing garnishment.

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