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  #4  
Old 03-11-2007, 07:19 AM
BellaSF BellaSF is offline
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Join Date: Aug 2006
Location: USA
Posts: 56
Quote:
Originally Posted by RedefinedDiva View Post
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.
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