Take son-in-law to small claims court. Do courts rule regardless of relative status?

[minmn]

I have a deadbeat, legal-alien, son-in-law, who is employed. We drew up a contract for money loaned to help him finance is legal status change ($2400). It was signed by daughter and him. (no witnesses). Payment was due 6/2008. Additionally, we received an oral promises by my kid to pay back money loaned to help them with rent. Total of all owed = $3785. We've asked for it, sent 1 email itemized bill/request and personally handed him another copy. He has no intension of paying, and says it is his wife's responsibility. (dysfunctional relationship there, which I'll spare you the details.)
Question: IF I file, does the court look at the case as money owed REGARDLESS of relationship status. Or, because it is my daughter and son-in-law, the small claims court views it as a relative and no notarized contract... so it is 'too bad' ?
Do we have to file against both parties?
Do we have a case with the oral part of the money situation?

He is talking about moving back to NY spring of 2010. IF he does and we win a small claims court judgment in Carver County, MN, do we have to file again in NY? We would attempt to have his wages garnished both here and again in NY.
Does one have a realistic chance of accomplishing garnishment?
Do courts ignore or "discount" cases involving relatives? Thank you.
:dunno:

 

[jharris352]

Your relationship to him has no bearing on the case except to make the judge believe you had a reason to loan money to them for rent ( a good thing for you).

The written part of the suit is nearly a slam dunk. The oral part is harder but it is likely you will win that too as long as they both don't show up in court and say, "we don't know what he is talking about." Even then the judge is likely to see through it and you win. If they try to say it is a gift, that's actually good because they will admit that you gave them the money and then the judge just has to decide if it was a gift or if you loaned it to them (easier decision).

A judgment in MN is a judgment all over the US. East state will recognize any judgment from a court of competent jurisdiction in any other court. You will have to go file for a garnishment and there will be a couple steps to take in collecting in another state but you can definitely do it.

Collecting on a judgment is harder than getting one, but it sounds like you can get one and give collecting it a whirl. You will feel vindicated anyway! If he gets a job in NY he is likely to make much more money than he would in Carver, so there will be money to garnish. Go file your suit, you have a good chance. Courts don't "discount" family suits. In fact, judges I've seen look at it as, if DAD has to sue daughter it must be pretty bad. Good luck.

 

[Michael Wechsler]

Agreed. If there is a written agreement, that governs. Unless he has some hard evidence of an oral modification or waiver, the written terms govern.

1) You don't need a contract to be notarized. If the signatures are genuine, it's a done deal. I would highly doubt that your children would deny the existence of the written agreement.

2) I don't think the oral portion is difficult to prove, especially if you have prior rent receipts. There should be checks, at least one, that show the amount to be paid. That might be a separate action.

3) Once a judgment has been entered (upon the merits as it seems here), that judgment can be executed upon (to garnish wages, etc.) from whatever state you're living in. Most of the issues revolve around the defendant not being in the jurisdiction (or state) of the judgment. Then it becomes more complicated.