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John Legal
John Legal, Attorney
Category: Legal
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Experience:  Over 15 years legal experience.
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I received a “JUDGMENT AND MINUTE ORDER ON SMALL CLAIMS APPEAL”,

Resolved Question:

I received a “JUDGMENT AND MINUTE ORDER ON SMALL CLAIMS APPEAL”, which states the following:
‘The parties reached a stipulation, which becomes the court’s ruling as follows: Deft/Appellant will deposit in a bank account for the minor, Sydney Carlson, $500.00 in 2001, and $500.00 in 2002. Parties will mutually agree on a bank for said account and will both be trustees of said account. “
The defendent set up the bank account as ordered and the after a couple of years closed the bank account. do I have any legal right to sue him in small claims court in California
Submitted: 1 year ago.
Category: Legal
Expert:  John Legal replied 1 year ago.
Welcome! Thank you for your question.

Upon closing account did the money go to Sydney?

Give me a little background on the purpose of this account and if Sydney is now over 18?
Customer: replied 1 year ago.


I was suing the defendent in small claims which he did not want to pay. We agreed that I would settle for him putting money into an account for Sydney. the judgment came from the court in the verbage i stated. When he opened the account it included my name and him. I dismissed the original judgment as he had set up the account and he was trying to purchase a home. After a couple of years I went into the credit union to check on the account and discovered he had closed the account. he states he has set up another account for Sydney but ti did not include my name. Sydney is 14 years old

Expert:  John Legal replied 1 year ago.
You can demand that he put you back on the account as trustee. If he refuses then you do not have to file a new suit. It is much easier than that.

You can go back to the original court and file a motion for him to "show cause" why he should not be held in contempt of court for failure to abide by the court order. The court has one of several options in a contempt hearing. The court can order him to put your name on the account or can actually incarcerate him for failure to follow the order. Generally courts use incarceration until the order is complied with.

I cannot find the small claims form but you can get help by telling the small claims court clerk that you need to file a motion and affidavit for contempt.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

Please show your appreciation for my candid, accurate information by clicking VERY INFORMATIVE, OR the OR and positive feedback. You should only rate me if you are satisfied with the information I provided you. If you cannot rate me GREAT please do not rate. Give me a chance to make it right by clicking REPLY TO EXPERT.

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Thank you,

John

Customer: replied 1 year ago.


I am sorry. Can I file an 'Order to show cause" in San Joaquin County, California, or do I have to hire an attorney? Thank you

Expert:  John Legal replied 1 year ago.
Here is a Family Law form for show cause in California. http://www.courts.ca.gov/documents/fl410.pdf

There is not a small claims form online. I would suggest that you can try and file the family law form or go to the clerk's office in your county and they may have a form that is not online.
Customer: replied 1 year ago.

Does the fact that I released the original judgment after he placed the money in the account make the whole judgment void? How will that figure in to the order to show cause?

Expert:  John Legal replied 1 year ago.
No. The judgment is still a valid court order that he must follow. I am not sure what you mean by "released the original judgment." A judgment gets entered by the court and remains enforceable until FULLY complied with. This would not be until Sydney receives the funds.
Expert:  John Legal replied 1 year ago.
Annita,

I appreciate your business and our conversation.

Please do rate me excellent because I do not get paid by the site unless you rate me excellent.

You can always get me in the future just by starting your question with "Dear XXXXX."

John
John Legal, Attorney
Category: Legal
Satisfied Customers: 4631
Experience: Over 15 years legal experience.
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