Free Legal Help?

Question

would like to know how to file a motion to collect some money owed to me ...It is a significant amount of money therefore small claims is not going to cut it. So if some one has sued in the CA courts to collect please enlighten me how to do so. I couldn't find an attorney that will handle my case so I am going to do it my self.

This whole dilemma is due to back payment of child support owed to another family by my previous husband. When I divorced I secured real property and I didn’t know there was a lien on the title to collect. My ex is a dead beat who is not employed. Once the back pay is paid he is free to work again. The DA’s office in the county that the Child Support is owed is demanding the payment from my refinance from the same property.
I couldn’t get an attorney that would agree take the case so I thought If I first went to family court and have the judge modify my divorce settlement and re-evaluate and transfer this debt to my ex then I can file the civil suit to collect from him. This is such a mess. One good thing is this guy never shows up in court.

Answer 1

Based upon your update, I think that what you have here is not a civil suit, but a very complicated question involving community property and the allocation of assets and debt at the time of your divorce. You need to consult a family law attorney, and preferably the attorney who represented you during your divorce. I don't think that just filing a civil suit now will get you the relief you want.

Answer 2

GOOD QUESTION! I happen to work for a Superior Court in CA. You will first need to fill out 4 forms: Complaint (if it is a contract that has been broken use a complaint for a contract), Civil Case Cover Sheet, Summons, and Notice of Case Management Conference (double check with your county to see if you need this form). You will need to attach proof of they money that is owed to you and attach it to the back of your complaint. Be as detailed as possible, the more info the better. The fee to file your complaint will be $320 (there are only two counties in CA that will have a different fee). After you have filed the complaint you will need to have the defendant served. This needs to be done by someone over the age of 18 and not involved in the case. Once the defendant is served you will need to file the Proof of Service with the Court. Then you wait and see if the defendant answers the complaint. If they don't answer on the 31 day from the day you had the complaint served you can file a Request for Default with the court along with a Judgment and then a Writ. You can go to the Law Library in your county and they will have some examples and books to give you more info. Good Luck

Answer 3

First question, is the suit for breach of contract or under some tort theory (negligence, malpractice, personal injury, etc.) The forms and pleadings are different.

Once you've figured out the legal theory you want to sue under, you can file yourself using forms provided by the courts. Many forms are standard across the state, and can be found on the local county court websites. See the link below for San Diego county, which has many common forms.

Filing is only the first step. After that, you need to make sure you serve the opposing party using the proper service of process, and then file your complaint and request for damages correctly. Then come motions by the other side, which can get tricky.

I'm licensed to practice in California, so if you have a few simple questions, write me offline. Good luck.

Answer 4

Try the links below, watch the online movie presentations. This is the most affordable and effective way to get access to a TOP Law Firm in your State (CA). If you have any questions, please contact me. Hope this helps.

Answer 5

I think it would be best to speak with a lawyer to guide you through the proper and best way to tackle this. The best way I know to do that is through Pre-Paid Legal Services, Inc.

http://www.getprotectedhere.com

Good Luck