Legal Question in Credit and Debt Law in Illinois

My ex-husband said he'll give me $60 dollars if I bought our daughter a cell phone. He did not give me any money. Can I take him to small claims court to get my money


Asked on 4/13/10, 7:04 pm

2 Answers from Attorneys

David Labovitz Labovitz Law Firm, P.A.

When you consider that it will cost you a few hundred dollars to file a small claims case, and if you lose it will cost you even more when you are required to pay his attorneys' fees and costs, it probably isn't such a wise idea to file a case over a $60 dispute.

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Answered on 4/19/10, 4:17 am
Thomas Moens Moens Law Offices, Chartered

Sure you can. It will only cost you a couple hundred dollars in filing and service fees, and you will have to take a couple days off work, for the POSSIBILITY you will get a judgment for the $60. Then once you have your judgment (if you even win), it is up to you to figure out how to collect it. IF you win, the judge might award you court costs for your filing and service fees, but he will not give you any money for time off work, pain and suffering, emotional distress, interest, etc., etc. And you will still need to figure out how to collect it, IF you win, and IF the judge awards you court costs.

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Answered on 4/19/10, 11:48 am


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