Would it be beneficial to file for old court ordered saved PFD's since I'm 18?: I just recently turned 18 at the end of the year, and I am constantly being manipulated into a cookie cutter future I don't want. I come from a divorced parents so the court put the yearly state PFD in an account. My mother tells me I can only get the money and use it if I dorm at college. Im trying to take my future in a different direction, and am interested in pressing legal charges because the account has thousands of dollars which shouldn't be held over my head since I'm an adult. Is there anything or anyway to proceed with filing some type of claim for my money that was suppose to be given to me? I would appreciate some advice because I have no clue whats the right next step.
Clayton’s answer: If you know the bank where the account is held, go and seek to withdraw the funds as the account owner and put the funds in your own account. If the bank refuses to do so, they should provide you with the information restricting them from doing it. If you don't know where the account is and your parents won't tell you; then, file a motion in your parent's divorce proceeding asking the court to enforce its prior order requiring the parents to keep and account to you at your age of majority for the PFD. Assuming the divorce was in Alaska you can look the matter up on Courtview.
I am being taken to small claims court, if I settle out of court after Answering the summons, can I still be sued?: I am currently in the middle of answering a summons for a small claims court case set against me by Capitol One, I currently owe them $1417.29, I received a summons and am filling it out. I spoke with the collection agency Suttle and Hammer, the woman I spoke with told me if I were to send them a check, they would have no reason to take me to court, however the time limit for the answer of summons is coming up in a few days, and I need to send the check out shortly. If I send them the money, and answer (which I must) what happens when we get a court date? I talked to the court clerk she said they have the option to dismiss the case, but I don't want to pay 1400 bucks and get sued anyway. I don't know how to proceed. Thank you.
Clayton’s answer: Suttell & Hammer is a Seattle, Washington law firm that does not have offices in Alaska. You can't just deal with them in person which makes it cumbersome. You state that they offered you a settlement for a sum certain after they sued you. You can write the check out for the amount offered and on the endorsement line write " Settlement paid in full." You should then file an answer with the court. Your answer should state that you accepted a settlement offer of the case and tendered payment in full of the settlement. If you have any disputes of the underlying facts asserted you should dispute them in the answer. There is an exception in the IRS tax code on debt forgiveness provisions for disputed debts.
Both of my parents have given their word that they would pay the balance of my student loans: Subsequently they renigged and or acted like they didn't make such statements. What can I do to hold them accountable?
The statute of frauds rule in most states requires the promise to pay a debt of another to be in writing. No writing and the court won't consider the claim. You will have difficulty proving a valid claim based on your oral representations.
Even if you were able to prove they made the statements, the court could throw out the claim because it was not reasonable for you to rely on the oral promise.
Fraud is an exception to the rule. However, you would have to convince the court that when they made the statements they had no intention of ever paying. So long as they intended to pay when they made the promise; their later decision to not pay would not make the original statements fraudulent.
The case of SPOLJARIC v. PERCIVAL TOURS, INC., 708 S.W.2d 432 (Tex. 1986) is one of the few cases that upheld a fraud claim based solely on a parties subsequent failure to pay on an oral promise.
I predict that if you sue your parents, you lose your family and any potential inheritance from them, even if you lose. I predict that even if you get to a jury, they will rule against you. Half of those over 18 never went to college. Only half of those that went to college graduated. 75% of your jury pool won't have a college degree. Without knowing either you or your parents I guess the jury won't like you or your claim.
Thankfully you now have a great education. You have a huge potential network of colleagues. Build your network of those that you know. Make a point of meeting more each week. Ask them what they are doing. Offer your services to help. Ask people to share their three biggest problems with you until you find a problem that you can solve.