IAAL, laches used, won, now small claims court?

[kat1963]

What is the name of your state? Virginia

First, thank you for giving us a better understanding on the defense/doctrine of laches! Serious web searches did not make it as clear as your previous postings on the subject.

Not our case but that of a neighbor.

Support case closes on the last day of May this year. CP mother filed show cause motion for non payment of medical bills dating back 5 years total over $4,500. Heard this Friday. NCP father used laches defense. Judge agreed and only ordered medical bills paid back to date of filing, about $35.00.

CP just called NCP stating she filed Friday (directly after domestic relations court) in small claims court for the back medical bills.

Does she have a chance in heck? I should also mention (in case it makes a difference) CP never paid most of the bills & has judgments against her for approx. 80% of the total. The domestic relations judge didn't get to hear that part before ruling.

Thank you!

KAT

 

[JETX]

The principal of 'laches' is a legal doctrine that a legal right or claim will not be enforced or allowed if a long delay in asserting the right or claim has prejudiced the adverse party (hurt the opponent) as a sort of "legal ambush."

In this case, the court agreed that the plaintiff simply waited too long to assert her claim against the defendant. That is why the court limited the award to only that since filing.

As for her taking the same issue and re-filing it in another court, the defendant can simply claim 'res judicata', which means that another court has already heard the issue and ruled on it (sort of the equivalent to 'double jeopardy' in the criminal courts).

With the above, the answer to your question "Does she have a chance in heck?", will likely be no. Simply, if her ex was smart enough to know about laches, he likely also knows of res judicata.

 

[kat1963]

YES!! Thank you so much JETX!!! Just what I was looking for, but wasn't coming up with anything!!! I can now send him on the right path for researching his response!!!

WHEW! I know my neighbor certainly does thank you too! Hopefully he will now see that there is a light at the end of the tunnel. He's such a nice guy. The judge went beyond the standard support award years ago so that the (then) child could remain in the marital home. CP sold it within months & moved into an apartment. He never went back for a modification even though child support is 39% of his pay ($1,900..something). He'll be doing a happy dance to know it's probably all behind him now.

Thanks again!!!!!!

KAT

 

[I AM ALWAYS LIABLE]

My response:

Teamwork! JetX and IAAL will see your friend through this!

Thanks JetX.

IAAL

 

[JETX]

Of course, my friend, you are more than welcome!! Glad to have been of help.

 

[kat1963]

Guys, my neighbor is THRILLED! He actually feels that it’s okay that he takes off Monday & buys himself a new T-bird to replace the 92 he has currently. ZOOOM!!

CP just doesn’t want the check to end….

Thank you ever so much! This guy is so happy I could never convey it properly! He was so worried she could take it to any court she wanted to get a judgment. Of course she can file, but wining is certainly another story!! *wink*. That's where you guys come in with your expert advice!! Priceless!!!

Thanks again (!!!!!) & kindest regards;

KAT

 

[krispenstpeter]

Now you know why I have a framed picture of the three muskateers on my office wall....although, at times, it's littered with eggs and various assorted vegetables I've thrown it's way