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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 09-11-2012, 11:23 AM
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Default money owed, should I start a small claims case?

my ex and I are working through our divorce (unfortunately she is not being very cooperative - not responding to court paperwork)...but essentially I leant her some $$ post separation. I have a signed loan agreement... She was making payment to the loan for about a year and then got her panties in bunch and decided to stop making payments on the basis that she claims I owe her money for Child Care expenses.
First I was like fine, claim what you want, we'll settle this in divorce court.
But now after 6 months of no payments on nearly a $12,000 loan....and our divorce case is dragging because she refuses to answer the application, I need to get this loan paid off.

So should i just file a small claims court suit to deal with this loan or will a the court say work out in the divorce, when/if the ex responds with some BS about money owed to her in the pending divorce case??
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Old 09-11-2012, 11:39 AM
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OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
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our divorce case is dragging because she refuses to answer the application
An uncontested trial may resolve the issues for you. If she chooses to ignore the proceedings that is her loss.

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I leant her some $$ post separation.
If possible, try to include that as an advance towards any equalization or support you may owe through your family proceedings.

Quote:
should i just file a small claims court suit to deal with this loan
You could; however, keep in mind that it takes 6-24 months for a matter to be resolved in small claims court; family court may be the faster option.
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Old 09-11-2012, 11:45 AM
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thank you again OrleansLawyer.
I did not know that a small claims issue may take that long. Had a friend go through small claims and had his case wrapped up in 2 months.
Guess I'll just be paitent.....
Just want some forward movement on this and to be able to feel like she's not controlling this and my life anymore.
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Old 09-11-2012, 12:15 PM
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OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
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Had a friend go through small claims and had his case wrapped up in 2 months.
It depends on the local case load. My understanding is that the wait times have been pushed back significantly due to the increase in the amount that may be claimed - from 10k to 25k - and the system has not been able to absorb the increased work load.
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