Serious Advice Needed

[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.