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BellaSF 03-10-2007 04:31 PM
Serious Advice Needed
 
This thread is in the process of being deleted.

RedefinedDiva 03-10-2007 05:57 PM
Not trying to be ugly, but I don't understand a word of what you are saying. Let me try to figure this out:
  • You had the woman arrested.
  • You filled criminal and civil charges against her.
  • Per a criminal judgment, she was ordered to pay restitution.
  • Per a civil judgment, she was ordered to pay $100/wk.
  • You filed an affidavit of non-payment for the civil judgment.
  • She paid the civil judgment.
  • She paid the restitution.
So, that leads me to wonder what you are asking for now. It appears that she has paid.

Quote:
I deducted rental costs from the restitution because I was told I couldn't include it in the civil claim and added the remainder to the civil suit.
I don't understand what you mean here.

Quote:
Can the criminal tell you what the restitution is spent on as long as you're spending it on the money you spent because of the criminal act?
I may be confused by your wording and have tried to decipher what you mean several times. I TOTALLY don't understand this.

Quote:
Now she gave a letter to Small Claims court stating she paid everything in full when she hasn't. Can I file contempt of court or take some type of action against her since she NEVER mailed me a copy of the letter she gave to the courts (I was told that everything you give to the court you have to give the other party a copy)?
What is remaining to be paid? Also, is it an amount that was ORDERED for her to pay or just an amount that YOU feel remains unpaid?
How do you know that she has filed a letter with the court? If there is such a letter, how do you know the contents?

RedefinedDiva 03-11-2007 12:15 AM
Quote:
Originally Posted by BellaSF (Post 1411271)
Subtracted amount of vehicle rental from restitution because I was told from a court employee I could not add car rental because I haven't rented the car yet. I subtracted the vehicle rental from the restitution b/c restitution is for my losses and I added the remainder to the civil judgement. She knew I was going to take rental costs since December.
I doubt that you've received correct information about subtracting the rental costs from the restitution. While restitution is to cover losses, you received judgment based on what was presented to the court at the time it was ordered. You cannot singledhandedly amend a judgment and change the terms. If the rental cost was included, you cannot now decide that's what you want her to pay for and change the game.

Quote:
She told the civil court that she payed in full when she hasn't because she still owes over $200 not including the interest.
Do you have documentation of what she paid and what is owed? If so, is it an accounting of what was was ORDERED to be paid and not what YOU feel she owes you? If not, how do you plan to prove that she owes you anything else?

Quote:
She didn't give me a copy of the letter she gave to the courts. Isn't that illegal? Can I take legal action against her? I knew about the letter b/c I checked the status of the case online and called the court and was told that she told them that she payed everything.
So, the court said, "She sent in a letter stating that she has paid everything"? Even if she did send the letter to the court, it's not illegal. She can send whatever she chooses to the court. It may be part of her judgment to indicate to the court when she has fulfilled her debt.

Do you have an attorney?

AKA_Monet 03-11-2007 12:38 AM
The GC Lawyers and law school folks are:

Valkyrie, Kevin from Sigma Nu that I know of.

I think MysticCat and shinerbock are in law school.

My Soror, LitAKAtor who it would be better to PM her.

I think my Soror Summerchild is also a lawyer.

But they are having a huge legal discussion on News & Views, so you may want to PM your post to them...

RedefinedDiva 03-11-2007 01:51 AM
I am also in law school. So is Soror Skee (who I am praying for, as she took one part of the Bar today). Soror Unspokenone is an attorney.

AKA_Monet 03-11-2007 01:58 AM
Quote:
Originally Posted by RedefinedDiva (Post 1411367)
I am also in law school. So is Soror Skee (who I am praying for, as she took one part of the Bar today). Soror Unspokenone is an attorney.
Wow! I thought you were a psychologist... Who knew? I apologize. ;)

RedefinedDiva 03-11-2007 02:09 AM
Quote:
Originally Posted by AKA_Monet (Post 1411372)
Wow! I thought you were a psychologist... Who knew? I apologize. ;)
No prob, Soror! :D ;)

BellaSF 03-11-2007 07:19 AM
Quote:
Originally Posted by RedefinedDiva (Post 1411316)
I doubt that you've received correct information about subtracting the rental costs from the restitution. While restitution is to cover losses, you received judgment based on what was presented to the court at the time it was ordered. You cannot singledhandedly amend a judgment and change the terms. If the rental cost was included, you cannot now decide that's what you want her to pay for and change the game.


Do you have documentation of what she paid and what is owed? If so, is it an accounting of what was was ORDERED to be paid and not what YOU feel she owes you? If not, how do you plan to prove that she owes you anything else?


So, the court said, "She sent in a letter stating that she has paid everything"? Even if she did send the letter to the court, it's not illegal. She can send whatever she chooses to the court. It may be part of her judgment to indicate to the court when she has fulfilled her debt.

Do you have an attorney?
I do have documentation of what she still owes. She sent the letter to Small Claims court. Isn't she suppose to send a copy to the other party? I feel as if she's withholding vital information from me so I can properly defend myself at the hearing! I filed a civil complaint before receiving the restitution. Can't afford a lawyer. I'm a college student. The stipulation she agreed on stated that she would pay $100/wk and pay the remainding balance off with her tax income. Technically, she paid off the amount we agreed upon originally. Because of her default she really owes more. I have evidence.

RedefinedDiva 03-11-2007 12:23 PM
Quote:
Originally Posted by BellaSF (Post 1411426)
I do have documentation of what she still owes. She sent the letter to Small Claims court. Isn't she suppose to send a copy to the other party? I feel as if she's withholding vital information from me so I can properly defend myself at the hearing! I filed a civil complaint before receiving the restitution. Can't afford a lawyer. I'm a college student. The stipulation she agreed on stated that she would pay $100/wk and pay the remainding balance off with her tax income. Technically, she paid off the amount we agreed upon originally. Because of her default she really owes more. I have evidence.
I am wondering on why you are hellbent about prosecuting because of a LETTER (that may or may not exist).... :confused: She is not withholding "vital information" from you because it is only a letter. If Small Claims is stating that she sent a letter, why not ask them for a copy? She can say whatever she pleases as long as you have documentation of what she owes. Additionally, you stated that her judgment states that she would pay the remainder of the balance when she received her income tax. If she hasn't received it yet, you can't demand payment until she defaults.

You don't need money to obtain an attorney. You can contact a local law school. They usually have clinics with student lawyers that can handle yout case for free. You can also contact pro bono legal sevices. You should check with the SGA at your school. You may be able to get legal representation for free. I know that my undergrad provided us with legal services and it was included in our tuition. You need to speak with someone face-to-face because I feel as if I am missing something.

AKA2D '91 03-11-2007 01:51 PM
Disclaimer:

The advice given by Sorors who are lawyers or law school students have NOTHING to do with Alpha Kappa Alpha (AKA) or GC. Those who have requested assistance realize that AKA, nor GC are NOT involved, but the sorors have agreed to offer legal advice on their own.

Basically, don't try to sue AKA or GC if the advice given is not beneficial. :p


:D

BellaSF 03-11-2007 02:30 PM
Quote:
Originally Posted by AKA2D '91 (Post 1411486)
Disclaimer:

The advice given by Sorors who are lawyers or law school students have NOTHING to do with Alpha Kappa Alpha (AKA) or GC. Those who have requested assistance realize that AKA, nor GC are NOT involved, but the sorors have agreed to offer legal advice on their own.

Basically, don't try to sue AKA or GC if the advice given is not beneficial. :p


:D
LOL!!
I know its just advice. Thank you everyone for all the help. I'm hellbent b/c I worked 6 days a wk, 12 hr shifts in order to pay off my car 2 months b4 she damaged my car! Then she tries to state that she paid everything in full when in essence she already defaulted because she didn't make the 1st or 2nd payment. I plan on obtaining a copy of the letter tomorrow to verify exactly what she claims. Again,thank you for the advice!!

SummerChild 03-12-2007 01:48 PM
LOL...basically, what my Soror said. :)


Quote:
Originally Posted by AKA2D '91 (Post 1411486)
Disclaimer:

The advice given by Sorors who are lawyers or law school students have NOTHING to do with Alpha Kappa Alpha (AKA) or GC. Those who have requested assistance realize that AKA, nor GC are NOT involved, but the sorors have agreed to offer legal advice on their own.

Basically, don't try to sue AKA or GC if the advice given is not beneficial. :p


:D

litAKAtor 03-12-2007 02:03 PM
Quote:
Originally Posted by AKA2D '91 (Post 1411486)
Disclaimer:

The advice given by Sorors who are lawyers or law school students have NOTHING to do with Alpha Kappa Alpha (AKA) or GC. Those who have requested assistance realize that AKA, nor GC are NOT involved, but the sorors have agreed to offer legal advice on their own.

Basically, don't try to sue AKA or GC if the advice given is not beneficial. :p


:D
Very good disclaimer Soror!!! LOL!!

litAKAtor 03-12-2007 02:07 PM
Quote:
Originally Posted by BellaSF (Post 1411271)
I sued for total costs to repair my vehicle plus fees.

Criminal court ordered her to pay restitution of only about $500.

She defaulted on the civil stipulation because paymnet was to commence 2/2/07.

I didn't receive payment until around 2/13/07.

I filed an afidavit of non-payment since she didn't pay me & never informed me that payment was to be tardy.

Stipulation became judgement.

Because of the final judgement about $300 and 11% was added to civil judgement.

Received restitution end of Febraury.

Subtracted amount of vehicle rental from restitution because I was told from a court employee I could not add car rental because I haven't rented the car yet.

She told the civil court that she payed in full when she hasn't because she still owes over $200 not including the interest.

She didn't give me a copy of the letter she gave to the courts. Isn't that illegal? Can I take legal action against her?

I subtracted the vehicle rental from the restitution b/c restitution is for my losses and I added the remainder to the civil judgement. She knew I was going to take rental costs since December.

I knew about the letter b/c I checked the status of the case online and called the court and was told that she told them that she payed everything.

Kind of confused - what does the Court Order say she has to pay. 300 plus interest? or 200? Whatever the court Order says she has to pay is what she is required to pay - nothing more, nothing less. If she has paid all of the money the court has ordered her to pay then a satisfaction of judgment should be filed. If she has not paid all the court has ordered her to pay, then you need documentation saying what is remaining for the hearing.

litAKAtor 03-12-2007 05:51 PM
^^^ No words . . .:rolleyes: :confused:

RedefinedDiva 03-13-2007 12:46 AM
I can only speak for myself and no other law student/attorney that is responding to this thread. With that said, I am VERY confused as to what it is that you continue to ask and request. I would like to know WHAT IS IT THAT YOU WANT FROM HER? You have continually asked if she can be prosecuted for a letter. Now you are asking if she has to report to her probation officer. Is your wish to have her locked up? Are you just trying to have her pay? WHAT? You can not have it both ways. She has paid restitution to satisfy her criminal conviction. She has paid the civil judgment. There is nothing else that you can get from her. That's it.

We have been asking you questions about the judgment, but you have never answered the questions. One can never get sufficient advice/help if they don't provide the requested information.

You need an attorney.

unspokenone25 03-13-2007 08:44 AM
Because of said disclaimer earlier in this thread, I refrain from commenting or discussing such a matter. ;)

RedefinedDiva 03-13-2007 11:46 PM
Quote:
Originally Posted by BellaSF (Post 1412647)
I just feel that it was her responsibility to ask her P.O. when the restitution was to reach me since she was well aware and agreed to send me atleast $100 on 2/2/07. And it was her responsibility to have her P.O. contact me, on her behalf, to inform me that payment was to be tardy. Hope that clarifies some things.
It's not her responsibility to ask the P.O. when the restitution would reach you. If she was to pay the money to the court, and that was done one time, your issue is with the court, not her. She did her part. If it is shown that she paid her money to the court in a timely fashion, the final judgment may be set aside and you will be stuck with what you have already received.

crimsondanger10 03-14-2007 10:56 AM
Quote:
Originally Posted by BellaSF (Post 1412779)
You can never truly know who read these forums.
Agreed. Which is the reason I question whether you should have started this thread in the first place.

RedefinedDiva 03-14-2007 04:16 PM
Quote:
Originally Posted by BellaSF (Post 1412779)
She's an adult. She knew that payment was to commence 2/2/07. If she wasn't bright enough to ask when payment was to reach me that's her fault. When a mortgage or car payment is due you send it out to reach the business in time or suffer penalties such as late fees, foreclosure or repossesion. Criminal court and civil court are two different things. By paying the restitution the last day of January she fulfilled part of her criminal verdict. By not sending payment to me on 2/2/07 she defaulted in civil court. I plan on fighting this because she's irresponsible and did default. Not to mention that the criminal case and civil case are two different things. I don't want to talk about this anymore in detail since the hearing is comming up. You can never truly know who read these forums.
You seem to be VERY attitudinal with your response. Need I remind you that YOU are the one that asked for assistance and I, specifically, and others, took time to respond to your problem. If you have such a great handle of the law, why would you even need to ask for our "serious advice"? If you believe what you typed above is true, run with it. I hope it works out for you. I'll reserve the rest of my comments....

litAKAtor 03-14-2007 04:20 PM
Quote:
Originally Posted by RedefinedDiva (Post 1413061)
You seem to be VERY attitudinal with your response. Need I remind you that YOU are the one that asked for assistance and I, specifically, and others, took time to respond to your problem. If have such a great handle of the law, why would you even need to ask for our "serious advice"? If believe what you typed above is true, run with it. I hope it works out for you. I'll reserve the rest of my comments....
And this is why I cut my pro bono work to a MINIMUM . . . if you know the law then why ask? :rolleyes:

BellaSF 03-14-2007 11:04 PM
If I seem very attitudinal in my previous response I truly am sorry its just I believe that I'm right and I'm ready to prove my case in court. I just needed some advice and received it. Thank you all for that. Also, no I am not that familiar with the law. If the judge decides to rule in her favor so be it...just as long as I'm reimbursed for all I spent is what really matters to me.


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