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Re: [tips_and_tricks] NY Need advice, ex trying to collect pendente monies al...

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  • soitgoes2day@aol.com
    Small claims court NY can entertain hearing all cases about all monetary issues resulting in $ loss with a threshold limit set, of I believe $3000. The
    Message 1 of 1 , Feb 5, 2007
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      Small claims court NY can entertain hearing all cases about all monetary issues resulting in $ loss with a threshold limit set, of I believe $3000. The plaintiff must first prove her monetary damages, in this case out of pocket costs expenses incurred becomes her loss. Money with aid of court is something recoverable, unless you first show (out of court now by paper submission) or later on inside court room being argued prove your point.  
      Otherwise remember this: Small claims court is held w/o jury,
      and often times not by a (biased unlicensed judge)
      but by untrained unlicensed inept mediator or arbi(traitor).
      If as you state pende lit, then I would first move court to dismiss her motion on grounds it being frivolous and moot (pende lit).  Firmly establish all contradictions to all her claims (arguments) for $ damages and move your best foot forward
      Sounds to me like you already asked and answered your own question.
      If, as you state, pende lit, this matter has since been previously adjudicated elsewhere. Would now make your (ex wife's) latest motion seen "moot", if not as harassing you by paper instrument. You need to establish for court, first the nexus, by virtue of there already existing a paper trail. IF  Paper trail agreement spells out clearly  documents what you now are claiming, is settled fixed and agreed upon, should now continue to rest remain as unchallenged, her short sided claim seeking  $damages  from you is nothing short of harassing you and vexatious must be dismissed for lack of issue, 
      If however the settlement previously reached agreed upon by both parties, poses itself as a question mark, has a degree of ambiguity remaining to it, it may become justifiably an arguable issue in court of law. You need to objectify your approach, being as you stated -the issue is now going or soon to be inside small claims court with the threshold dollar amount for NY small claims court I believe remaining at $3000.  How much is this worth to you,  in terms of your time spent, $ spent,  emotional energy spent by it being used up fighting inside court again with ex wife?
      If this be a one time occurrence (w/o there being later on again more claims/ repercussions adverse consequences resulting from her as being made by her for same reasoning now held in place) for what she is now claiming, then it might be cheaper, easier, wiser route to take,  Just pay her the $! Or at very least first try hard outside of court to nicely negotiate a one time $ settlement. 
      If all else fails, try hard as yo must, do whatever need be done, preserve your rights, and at same time you might also entertain entering counter suit against her in Supreme court seeking  punitive damages treble in excess of any amount stated that she might ever unjustifiably recover from you,in advent she unjustifiably prevails at lower court (small claims) for whatever it is she is first suing you for!
      denied due process 
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