How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Barrister Your Own Question

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 21224
Experience:  13 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

I loaned money to my ex in the amount of $35. He put in written

Customer Question

I loaned money to my ex in the amount of $35. He put in written contract he'd pay back at $300/month. He has not paid in over a year. I know he hides any of his assets in his friends name to avoid paying child support. But, he is working for a company. Could I possibly get his wages garnished? He's sneaky and I'm a single mom with 4 kids that he completely took advantage of. I'm also having a hard time finding a lawyer to take this type of case. I can't even get through the secretaries...they say we don't do this type of case. Any suggestions?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
At this point your recourse would be to file suit against him in small claims court if the amount he owes you is not over $5,000. (I think that must be a typo about $35) Once you get a judgment against him, if he is working, you can get a garnishment order against him and serve it on his employer. Then the employer will legally have to withhold up to 25% of his wages to pay you until the debt is repaid.
.
As part of your suit, you don't need an attorney, the court clerk will have the summons and complaint forms you need and you can recover your court costs as well as your damages.
.

.

.

Thanks.

Barrister

.

Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.


I apologize, that was a typo. The amount is $35,000. Which I believe is too large for small claims...

Expert:  Barrister replied 1 year ago.
Ok, then yes, it would definitely be over the small claims limit and you would need to contact a local civil litigation attorney about filing suit. The problem here is that you will have to come up with a few thousand up front to get the attorney interested in taking the case. This isn't the type of case an attorney will take on contingency because the defendant could always just file bankruptcy if you win and the attorney would not get anything.
.
You may want to contact the NC Bar Association and ask them if they have any referrals for local civil litigation or contract attorneys.
.

Although I don't know anyone personally, customers have consistently reported good results with these sites:

.

www.martindale.com

.

www.lawyers.com

.

They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

.

.

Thanks.

Barrister

.

Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.


I was under the impression that once someone gets a judgement in their favor by a court that you could not file bankruptcy on that. Is that not true?

Expert:  Barrister replied 1 year ago.
Nope, that is exactly why lots of people file bankruptcy....to escape large judgments against them.
.

.

Thanks.

Barrister

.

Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.


One last question...hopefully. Since there is that risk of him filing bankruptcy and I'd have to dish out a few or more thousand for a lawyer upfront. Could I just take him to small claims multiple times, for different checks I wrote out to him? For example, I have I several different checks written out to him in the amounts of $4500, $6000, and $3000. These individual checks do NOT say loan on them. But, could I take him to small claims for each of these amounts AND use the contract he wrote me stating that he owed me $35K as proof that those amounts were loans.

Expert:  Barrister replied 1 year ago.
Actually yes, since each loan would have been an new contract, you could file suit against him every few months for a new loan. If you actually got paid on the first one, then you can file on another one, in order of age, and hopefully slowly get paid for them all eventually.
.
The problem with using the paper where he says he owes you $35K is that the judge may rule that all the checks are part of one debt and you have to sue for that debt at once. So I wouldn't use that document unless you absolutely had to. Judges don't like it when someone tries to break up a debt so that it will fit into multiple small claims court cases.
.
But I would opine that if you have the checks as proof of the loans, even if it doesn't say loan, then you could claim each one was a different loan and therefore a different breach when he didn't pay.
.
.

.

Thanks.

Barrister

.

Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19419
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8122
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2131
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    83
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    30758
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15340
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.