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Smalls Claims Suit

Posted on: 16th Nov, 2010 08:02 pm
I was sued by my child's father for an overpayment of child support ($360.00). I then entered a counter claim for approximately $800.00 for a Con Edison Keyspan account he had in my name w/out my permission and never paid. I thought it was an open shut clear case but we allowed our case to be heard by an arbitrator in Brooklyn, NY, instead of the judge. He admitted in court that I had not lived @ the property since 2003 and that he maintained the bills until he moved but told the arbitrator it was my responsibility. I showed her documentation that I had requested the accounts to be closed but she still ruled in favor of him and dismissed my counterclaim. What does that mean? Can I still sue him for the money? Or does that mean I have to eat it and just pay it? I found out about the bill in late 2007. We went to court in June 2010. Please advise
Hi husslewoman,

As far as I can understand, you will still be able to sue your child's father. You should contact an attorney and he will guide you in this matter in a better way.

Take care
Posted on: 17th Nov, 2010 03:28 am
Hi, my name is marvin and my situation is that I over paid my son's mother in child support. It started when I lost my job to an on the job injury,I requested a modification due to substantial income change;went to one court hearing, and on the 2nd court date the states attorney wanted to settle out of court with only 3 months credit on my terms, I replied that we should go back to the full ?? months when I first requested the modification, he refused then reset a court date to which he again mom rescheduled.Now i've over paid 1830.33 my child is 19 and graduated.Do I sue the lawyer and the mom.By the way mom is in gov ass. state official said I can attatch payments of ssa and ssd is this so ? PLEASE HELP...marvin
Posted on: 02nd Feb, 2011 02:52 pm
Hi marvin!

Welcome to forums!

You can definitely sue the lawyer as well as your child's mother. You can get a judgment against your child's mother and garnish her wages. As far as i know, social security income and retirement benefits are exempt from garnishment.

Feel free to ask if you've further queries.

Sussane
Posted on: 02nd Feb, 2011 10:54 pm
Thanks for your reply,my other question would be about garnishing her SSA and SSD, as I was informed by a state social worker for chid support, "believe it or not" I was surprised, but also want to make sure that this is correct before I persue this case, also was wanting to know about attatching her assets, 4-wheelers,pick up,camper, ect... I don't mean to be a hard A-- but she has taken me to the cleanners for years,I just want back what is rightfully mine... THANKS AGAIN.. Marvin
Posted on: 06th Feb, 2011 11:38 am
just wondering, does this cost to ask questions and receive answers
Posted on: 08th Feb, 2011 08:31 am
Hi marvin,

As far as I know, social security income is exempt from garnishment. The lenders/creditors won't be able to garnish it.

Thanks,

Jerry
Posted on: 09th Feb, 2011 01:24 am
thank you
Posted on: 11th Feb, 2011 07:37 am
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