[Download] "Diane E. Kapetanov v. Small Claims Court" by Supreme Court Of Utah " Book PDF Kindle ePub Free
eBook details
- Title: Diane E. Kapetanov v. Small Claims Court
- Author : Supreme Court Of Utah
- Release Date : January 17, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
HALL, Chief Justice: This appeal challenges the jurisdiction of the small claims court to entertain food stamp fraud cases. Plaintiff Diane E. Kapetanov applied for and received food stamp assistance for the months of October and November, 1979. She failed to report income her son had received through his employment. She claims that she did not report the income, being unaware of it. The income rendered the family ineligible for food stamp assistance and the Office of Recovery Services (ORS) sought repayment of the benefits as being fraudulently obtained. When repayment was not forthcoming, a complaint was filed in small claims court, seeking recovery of the sum of $270. Plaintiff failed to defend and a default judgment was entered. The judgment was subsequently vacated and set aside and plaintiff then sought an extraordinary writ in the district court contending that the finding of fraud necessary to support the money judgment constituted a declaratory judgment and that the small claims court is without jurisdiction to render such a judgment.