Serious Advice Needed

[BellaSF]

This thread is in the process of being deleted.

[RedefinedDiva]

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.

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.

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.

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]

Originally Posted by BellaSF

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.

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?

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?

[BellaSF]

Originally Posted by RedefinedDiva

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]

Originally Posted by BellaSF

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).... 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.

[litAKAtor]

Originally Posted by BellaSF

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]

^^^ No words . . .

[RedefinedDiva]

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]

Because of said disclaimer earlier in this thread, I refrain from commenting or discussing such a matter.

[RedefinedDiva]

Originally Posted by BellaSF

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.

[AKA_Monet]

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]

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]

Originally Posted by RedefinedDiva

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]

Originally Posted by AKA_Monet

Wow! I thought you were a psychologist... Who knew? I apologize.

No prob, Soror!

[AKA2D '91]

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.