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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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can a small claims court rule on a asset recieved during a

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can a small claims court rule on a asset recieved during a marriage but said asset was not in divorce decree this asset was a tax return used to pay previous years tax debt and now my ex is suing for half of the return

Jurisdiction of the division of marital property remains with the domestic relations division of the court.. It would not be proper for small claims to handle the matter.

 

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Customer: replied 4 years ago.


after pleading my case in which I excplained that this was recieved during the mariage and used to pay taxes from the previous year the judge subtracted the two amounts and said that leaves xamount of dollars I then asked about this being a marital issue shouldnt this be decided in a divorce court as the divorce has been final for over a year he said sometimes these things can be handled in small claims he is taking up to 10 days to make his decision do I have anything to worry about can a small claims judge somehow rework the divorce

A small claims judge should not be handling this matter. The division of marital property is the purview of the domestic relations court. However, this may not stop the small claims court from attempting to handle the matter. A small claims judge cannot rework the property settlement of a divorce action. If the court does attempt to rule on the matter you may appeal to a higher court.

 

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Customer: replied 4 years ago.


how do I appeal to a higher court I do not have money tohire a lawyer

You do not have to have an attorney. Here is a link to the process for Illinois:

 

http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=2470

 

 

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Customer: replied 4 years ago.


what is a higher court and will I have to replead my case

The appellate court. You will not replead your case, you will describe the error made, namely that the small claims court did not have jurisdiction to hear the matter. You will need to provide the legal authority that defines what small claims courts handle, and what the circuit courts handle. The court that handled your divorce should have heard the matter.

 

The appellate court will not rehear your case, it will just determine whether the small claims court should have dismissed your case for lack of jurisdiction. The appellate process is far beyond your original question. There are strict time tables, format of documents to be filed. The appellate hearing is a 30 minute hearing. You will get 15 minutes to present why the small claims court got it wrong.

 

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Customer: replied 4 years ago.


what is the legal authority that defines what smal claims court can handle

You will need to open a separate thread for these questions. I have already spent a considerable amount of time answering your original question without compensation.
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