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Sam
Sam, Attorney at Law
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I am currently settling a divorce case w my ex. i refinanced

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I am currently settling a divorce case w my ex. i refinanced our jointly owned home to buy her out. when disbursing the funds, i inadvertantly overpaid her about $9500 , which she refused to repay. new jersey law says the amount is too high for small claims court. how can i get my money back without paying more attorney fees?
Hi

Was what you were to pay her a Court Ordered amount as part of the divorce agreement?
Customer: replied 4 years ago.
I was court ordered to pay her $500 monthly [not alimony] so i could stay in the home until my younger daughter graduated high school. this amount was to be credited back to me when home was sold. I chose to buy her out and re-financed home. I inadvertantly overpaid her about $9500. she thinks i;m shorting her and refuses to refund my overpayment. newjersey law says the amount is too high for small claims court. can i file a civil claim? I still owe my divorce attorney money and would like to file on my own . any suggestions?
Hi

Yes, you will need to file the civil suit in the Superior Court in the county where your ex is living. If you were ordered to pay her the money and it was too much, then I would suggest you file a contempt on her. But since it was part of you wanting to buy her out you will have to sue her.

I suggest you will need to have any written agreements you have with her as to the amount you agreed she would be paid and receipts for the amount you actually gave her.

You can file the lawsuit on your own. You can use a legal form book from your local library to see how to draft the Complaint or you can go to the Clerk's office and request they give you access to a file where such a lawsuit has been filed so you can use that complaint as a sample

The rest of the process would be the same as if you were suing her in small claims court. You will need to serve her the complaint and she can have an opportunity to oppose it in her response/answer and then there will be a hearing.

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Thank you.
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Customer: replied 4 years ago.
If I want to serve her papers to sue her can I do that myself personally, or do i need to hire someone to serve them?

Hi

No. You cannot. It needs to be done by your county sheriff, a private process server or anyone over the age of 18 who is not a party to your legal suit.

Please note that if you need more information, you can use the Reply to Expert to Continue the Conversation. Otherwise, I would appreciate positive ratings so that I get credit for my time and information. This will NOT close your question. It will remain active for future follow ups.

If you cannot see where to Rate me, please let me know so I can report it to the administrators of the site.

Thank you.