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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37884
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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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: 4 years ago.
Category: Legal
Expert:  Barrister replied 4 years ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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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.
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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.
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Thanks.

Barrister

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

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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 4 years ago.


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

Expert:  Barrister replied 4 years 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.
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You may want to contact the NC Bar Association and ask them if they have any referrals for local civil litigation or contract attorneys.
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Although I don't know anyone personally, customers have consistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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

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Thanks.

Barrister

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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 4 years 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 4 years ago.
Nope, that is exactly why lots of people file bankruptcy....to escape large judgments against them.
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Thanks.

Barrister

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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 4 years 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 4 years 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.
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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.
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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.
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Thanks.

Barrister

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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.