Take son-in-law to small claims court in MN. File again when he moves to NY?

[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. It was signed by daughter and him. (no witnesses). Payment was due 6/2008. Additionally, we received an oral promise to pay back money loaned to help with rent. Total 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?

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?

[sandyclaus]

Originally Posted by 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. It was signed by daughter and him. (no witnesses). Payment was due 6/2008. Additionally, we received an oral promise to pay back money loaned to help with rent. Total 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? 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?

The courts pay attention to evidence rather than relationship. The problem is that if both the daughter & son-in-law signed the agreement to pay, then you will have to sue them both to obtain a judgment and collect the debt. Since the money was not given to just the son-in-law, it is considered marital property and the law sees it as a joint liability.

As for where to sue, if all live in MN, that's where to file and sue. You don't have to re-file ans sue again when they move to NY. You might, however, have to file for a sister-state judgment in NY to continue collecting once you obtain it (that way the judgment also shows in the rolls of NY state as well).