Legal Question in Family Law in Oregon

small claims court

Recently divorced. I'm trying to pay

off old debt my wife accumulated and

want to know if i can take her to

small claims court to recoup my

losses. My credit is shot and I'm

trying to pay old bills that she made

and is showing up on my credit.

Collection agencys are hassling me

for the money.


Asked on 12/01/08, 1:01 pm

2 Answers from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: small claims court

This sounds like community debt. Which one of you was charged/assigned this debt in the divorce case?

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Answered on 12/01/08, 1:32 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: small claims court

In a general sense, small claims court does not have jurisdiction over family law matters. Only the family law court can adjudicate family law issues. If there are community debts that the family law court failed to adjudicate, you need to go back to the family law court - they have jurisdiction over undisclosed and or unadjudicated community assets and debts.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 12/01/08, 1:50 pm


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