Small Claims *Update*

[I luv herfrds]

That guy I got a judgement against for some beef we sold him ran into my hubby last weekend. Told hubby that he paid the butcher for the beef and he has a check proving it, but won't send it to us because he gave it to his lawyer. BS.

Well I went in and got the papers for the wage garnishment. He said that the reason we have not gotten a dime is because his lawyer has stopped it. That's funny I haven't even filed the papers yet. Going in to see the judge and get some help filling them out.

Let the games begin. Wish we could charge him interest.

 

[plumber_greg]

I've taken people to small claims a lot thuough the years. The only time it does any good is if someone is afraid to go to court. Usually, I file the paperwork, and if it doesn't scare them I let them take a day sitting in court and I don't show up. I always thought there ought to be a way to get their tax refund from the govt. or some way to make them lose something when they lose the case. So many of the deadbeats have been to court so many times, it means nothing to them to have a judgement against them. Garnishing wages and getting 9 dollars a month on a 5,000 dollar bill is not worth the trouble most times. My opinion, small claims is a joke. gs

 

[Alan]

small claims is a joke. gs

Ditto,
Alan

 

[oscar p]

Small claims is a joke. I bought several horses from a guy. Were all bred mares, but one and she had a colt by her side. Anyway,He garenteed the papers on the colt. Never got the papers. He had never turned in a stud report. Was going to cost $160 to catch it up to date. Carried him to SCC, the guy never showed up.Judge saw it my way. Never got squat. I asked the judge,when do I get the papers or my money back? He said, I cant make him pay you.All I can do is award in your favor. Well, I just wasted my time.

 

[john250]

I know one guy who eats (likely) tens of thousands of "no pay" in his business--it is just a philosophy with him NOT to sue. He is still quite profitable, as his margins are better than a cattleman's margins.
He feels it is "negative" for his business in the newspaper. They report all the court filings around here.
I'm sure the fact you seldom recover any money factors in to his decision.

 

[GMN]

Thats just it, if the person doesn't care that they may get a judgement against their credit report, you are wasting your time. The judge can't make him pay you, only hurt his credit report, until he decides to pay you, and that could be never, if he doesn't need the credit.

I really think sometimes its just not worth it, some things are best to let go, and just change how you do business with some people to avoid future similar situations.

GMN

 

[I luv herfrds]

Guy called us up and told me that we will have a check on the 28th.
No check and I go in the 31st to file. Last chance.

 

[Jogeephus]

It would be wonderful if you get it. Its amazing how some people will try to pull one over on you. I mean why would you buy something if you don't have the money? I learned this myself selling sides of beef. Now I get the money before I send it to the processor which is why I sell it on the hoof. I had a bible toter try to do me this way. Just couldn't get the money out of him. I called the butcher and told him to strike his name off the side of beef and put my name on it. Butcher told me he had just come by trying to pick it up but thankfully it wasn't ready. I told him under no circumstance should he give him the side and explained to the butcher if he doesn't pay me do you think he will pay you? He understood completely and I ended up selling it to a heathen.

 

[Oldtimer]

Well I guess I have seen it different- as I have served as a Justice of the Peace/Judge in several Small Claims/Justice court civil trials over the past years (small claims- neither party can be represented by an attorney)-- and altho you can't guarantee payment- the winning party has much the same options as they do in District Court-- garnishing wages, bank accounts, and holdings--- BUT like I tell so many folks-- you can't get blood out of a turnip- and rather than to put the responsibility on government for your dealings some need to heed not only the warnings of "Caveat Emptor"- but the warnings to not give credit to those that will never pay for it anyway.....

But in so many sale situations anymore- just like with the Wall Street bankers/Fatcats lending practices- the Greed of the Green overtakes common sense.....

 

[I luv herfrds]

At first I had sympathy for him because he was going through a divorce, but after several times hearing the check was in the mail and then to him not returning calls that's when I took him in front of the judge. He didn't bother to even show up. He even told the judge he owed us the money. She asked if we would take payments. Yes, anything. Still didn't pay.

Now i'm hearing the same song and dance of a check coming on the 28th. Got all the garnish papers filled out. Will see what happens on the 31st. if I get a check and it bounces or no check, I will file.

idiot even called me from his work place so I have their number and name.

 

[Oldtimer]

Jump on it I luv herfrds- file the garnishment...Try to get as much as you can out of him.. Often what happens when you garnish wages is the employer gets upset because its an added paper work expense for him- and altho legally he isn't supposed to- tells the employee to get it settled.. I've seen employers also give employees advances to pay it all off so that they don't have to fiddle with it...

And on the other side- I've seen some deadbeats just quit- and leave the state and flee the jurisdiction of the court....

 

[Running Arrow Bill]

We have a simple solution:

Always works...

Pay up front (meat, cattle, horses) and when check clears, you get the item and title to it. We don't do credit, but we do have a Lay-A-Way plan with an "administrative penalty $$" if someone backs out or decides not to complete payment.

Friends or no friends. Church guys or Church ladies. Everyone treated the same. Business is Business!

JMO