Lots of questions about civil court and military?

Question

I am very unknowlegable about this, and the reading I've done thus far is written way over my head. I have a few questions, hopefully someone can give me some advice/insight in plain english.

Background: I took my ex-roomate to court last December(2006) over close to $2000 in rent/utilites she never paid before she moved out(without informing me beforehand). The judge ruled in my favor. She left for the Army-South Korea- shortly after the hearing. I had to hunt her down in Korea through military friends of my fathers, to even get in contact with her. Here is is almost October, and she still has yet to pay close to half the judgement.

My questions:
What is the time frame for a civil court hearing that she has to pay her debt to me?
What action can I take to make sure she pays me(She is a known liar and thief)?
She is threatening me with using the 'Soldiers and Sailors Act'. Is that applicable to soldiers in Korea(seems to me it only applies to Iraq) and what will that do

I had emailed her commander, and he was the one to get her to start paying. Would it be inappropriate to contact him again, since her payments are becoming less and less, and further and further apart(including bad checks)?

Answer 1

The Soldier Sailor Act (of 1947) basically states that no legal action can be taken against a member of the military who is deployed and unable to represent themselves in a court of law. It applies to all, regardless of where they may find themselves throughout the world -- not just Iraq or Afghanistan. The legal act against her has already been carried out. This in no way then should have any bearing on your ability to collect. It would only come into play should you try and take her back to court.
I recommend two basic actions for you to take.

First, contact a Friend of The Court. Present them with the documents governing the judge's ruling and ask them to assist in collecting in full, the amount owed.

Second, Make a copy of those same documents and add an addendum showing how much you have received in payment to date as well as when you received those payments and mail them to her Commanding Officer. Ask for the C.O.'s assistance in the matter. C.O.'s have a lot going on in their world and the last thing they need to contend with is one of their soldiers screwing up. The C.O will turn the matter over to the either his second in command (the X.O.) or the senior enlisted who will then take a very grave and personal interest in making sure this matter is resolved (ie: they'll light a fire under her hind end and make her wish she'd never met you.). Hope this helps.

Answer 2

Small claims judgements are good for 10 years, and can be renewed for an additional 10 years after that. She has to pay immediately, but besides garnishing her wages (which I'm not sure you can do if they are in the army) there isnt a way to FORCE her to do it... They also have a 10% interest rate (although from what I have read the SSA moves that down to 6%), so make sure you are adding that on. I have the same experience with the whole liar/thief issue, you are just going to have to try and disprove whatever she is saying. The SSA applies to anyone in active duty (which includes korea) but doesnt stop or delay her from paying, it would delay the trial if it hasnt already happened.

Honestly be glad she has paid that half, I have a $5k judgement against a girl who claims she cant pay more than $75/mo for the next 5 years....

Also, this may vary from state to state, this is how it applies in CA.

Answer 3

The Soldiers and Sailors Relief Act will bar you from executing the judgment as long as she's on active duty. It's been around for a long time, it may date back to WW2. It's for all uniformed personnel, not merely those in combat zones.

How long the judgment is good for depends on state law. Probably not less than seven years. If she's paying anything while in uniform, take it and be grateful you're getting something.

Answer 4

You need to go through the Army and get a letter to her Commanding Officer proving you have a judgement against her. The military frowns on soldiers failing their legal obligations. Since she IS making an attempt to pay, I would leave it rest. Soldiers and Sailors Act may save her for a while.

Answer 5

1. The constitution provides no mechanism for secession . It also make no mention of the possibility to secede from the union . In short the constitution doesn't give the right to secede to any state . Only the 9th amendment could possibly be construed to give such a right and even that would be a real stretch . 2. Your number is off . about 110,000 soldiers died in combat fighting for the union . About 380,000 died of all causes while in the union army . In total population of the union states this is only about 2% of the population . That would be considered an acceptable loss in most wars . The Souths total losses were about 280,000 . This was a much greater loss considering the south's much smaller population . The South's losses were closer to 5% of the white population . That percentage is close to the loss of a generation of young men .

Answer 6

This is all you need to do find out who her battalion commander is and where if you found her you can find that out send them a copy of the judgment they will make her pay if that doesn't work contact the division commander for sure he will make her pay and her battalion commander I know this because I had 35 troops and had this problem before I am retired military

Answer 7

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