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Bad Customers and the Small Calims Court

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  • Bad Customers and the Small Calims Court

    I file against a bad customer for $315 and followed all of the procedures required by the law. Got to court, the courts had not gotten back the certified letter or the green card return receipt.

    I was told that there would be rescheduled after they got the letter back and then issued a non certified letter to this guy. I told the court that this act would be futile on their part and that I would never be able to collect on my claim. The magistrate said probably so and I said it is due the the ineptness of the courts and postal system. The magistrate said it was not the courts fault. I was ready to proceed and showed the magistrate all of my documentation, including email that this guy sent saying he will pay me. The magistrate said that I will have to wait for a new hearing date. When I get home I find out that this guy is at a convention in Texas living it up.

    So am I wasting my time with a guy who turns out to be a "credit criminal" with a few other shops, trying to get my money?


    Jerry

  • #2
    Jerry, If you're vindictive as I am, the object would be to get his goat and not let him get yours. I would keep fighting it on principle. If it really starts to affect your sanity then drop it like a hot potato and go have a beer. Life's to short to get really PO'd but not so short you can't jerk someones chain when their messing with you.
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    Thank you to our families of soldiers, many of whom have given so much more then the rest of us for the Freedom we enjoy.

    It is true, there is nothing free about freedom, don't be so quick to give it away.

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    • #3
      I have a collection company in Cleveland who will pay me 50 cents on the dollar if I get a judgement.

      Plus this guy con'd another place in to sending him to Texas.

      I wish I could find the phone number of the baseball collection agency

      It's not my sanity, but can I trust my new customers and some of my old ones for payment? I will probably have to go CIA on small work, thats "Cash In Advance". This is the second customer to stiff me in 6 months, the company that did this to me in January, I am now on their bankrcuptcy list now, so I will never see that money.


      Jerry

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      • #4
        Jerry,find out if he has filed bankruptcy,that is the first move I make,if he is your chances are slim and none of ever getting anything.
        If he is not bankrupt,then your chances are slightly better,you might get a judgement and he might pay it,but if he doesn't it isn't worth the paper it's written on.

        You could proceed on principal or at least persue it so you can at least claim it as a loss.

        In the future you might consider the following.Here it is legal to if a person askes for credit you can have tehm give you a post dated check for the full amount and hold it as a promisary note until they have the cash to pay the dept.
        This system I have used and it works really good,the reason is here writing a bad check is a felony,a crimminal matter,not a civil one.If you don't get paidyou send him a registered letter in forming him he has 30 days to pay off the bad check or it will be turned over for prosecution.Once it is prosecuted he has to pay back the dept,a fine and the court costs or he goes to jail.

        My mother had a girl give here a bad check,one that the girl knew full well was bad.She refused to pay and my mother turned her over.It took six months,but she got all of her money.Here is the best part,the girl wrote a $65 check,by the time she was through paying it cost her $850.

        Don't know what the law is in Ohio,but you might look into it.
        I just need one more tool,just one!

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        • #5
          Patience.

          Figure about six months to twelve months from filing to getting paid.

          File. Wait 30 days. Go to court, defendant does not show.

          Second hearing 30 days later. Go to court, no show.

          File for discovery of assets. Go to court 30 days later, no show.

          File for contempt of court. Go to court 30 days later, no show.

          Hearing to show reason for nonappearance (you've already guessed, 30 days later), no show, judge issues a bench warrant for arrest. Defendant comes to your shop, offers to pay in full, only he doesn't realize that $315 plus court costs and fees is now $475. Now it starts to be fun for you. My reply "no problem, go sit in jail until you have the money". True story. Amazing how motivated someone can be to find the balance owed.

          Don't get mad, get even. Then enjoy spending the money you thought you'd never see.

          ------------------
          Barry Milton
          Barry Milton

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          • #6
            jerry back when I was younger I had friends who would go take his teeth out for a few bucks.

            a month later you would see him with a big purple bruse on his face.

            no joke.

            anyway let the punk run away and forgett it,Small Claims Court is nothing more than a big jack off waist of time.

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            • #7
              I just found out that some association that this guy is a member of has been helping meet his rent. Except he has all the services that MCI can offer, complete cable package, HD service, Modem and phone. Once I get the judgment, I will fax it to the association and ask them to pay his debts, lets see how long he is a member.

              Oh, BTW, the told me that he represented a British interest and the ambassadors office has requested a copy of the judgement. I should read my snail mail more often, that royal seal of the crown is kind of pretty.

              Jerry

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              • #8
                <font face="Verdana, Arial" size="2">Originally posted by jfsmith:
                I just found out that some association that this guy is a member of has been helping meet his rent. Except he has all the services that MCI can offer, complete cable package, HD service, Modem and phone. Once I get the judgment, I will fax it to the association and ask them to pay his debts, lets see how long he is a member.


                Jerry
                </font>
                Crime does pay.Local crook got caught in a sting trying to bribe a federal offical on a contract.He got sentenced to five years probation and two years house arrest.His house is a 9500 squre foot mansion,set on 150 acres,some punishment huh?

                I just need one more tool,just one!

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                • #9
                  What I would do is have a local Sheriff or Constable serve him directly! And don't forget to add that expense into your lawsuit.

                  Comment


                  • #10
                    If all else fails throw a box of carpet tacks in his driveway, he will have flat tires for years.
                    Leave aa annonymous tip with the police that he deals drugs.
                    Non, je ne regrette rien.

                    Comment


                    • #11
                      Labor lien? DOn't labor get paid first in the bankruptcy?

                      If you hire a carpenter to work on your house and he does not pay his workers, they put a lien on the house. At least in Georgia. Workers get paid first.

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                      • #12
                        The housing industry has crazy laws, but in some areas this being straighten out, so the home buyer or owner does get stuck with teh a bill for something that have already paid for.


                        On to the subject at hand, a Writ of Seizure or Writ of Execution will get the sheriffs department to take action.

                        Jerry

                        Comment


                        • #13
                          <font face="Verdana, Arial" size="2">Originally posted by tattoomike68:
                          jerry back when I was younger I had friends who would go take his teeth out for a few bucks.

                          a month later you would see him with a big purple bruse on his face.

                          no joke.
                          </font>
                          <font face="Verdana, Arial" size="2">Originally posted by jfsmith:

                          On to the subject at hand, a Writ of Seizure or Writ of Execution will get the sheriffs department to take action.
                          </font>
                          Writ of Execution? Tooth removal? What about giving that kid with the flame thrower
                          If this kid isn't in a shop class...
                          a little job to do?

                          [This message has been edited by Wirecutter (edited 06-23-2005).]
                          The curse of having precise measuring tools is being able to actually see how imperfect everything is.

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                          • #14
                            Jeez, I don't get it. I just let a customer walk with a $900.00 repair job because there "might" have been a bit of miscommunication, and she wasn't happy.

                            Take it to small claims? Life is too short to spend it in court! The same amount of time spent in trying to chase down a claim is jsut not worth it to me. I have jobs to do that will pay me more for my time, I think.

                            If we duked it out in court or elsewhere, we might each make some points, but what's the percentage. She still won't be happy and she'll tell everybody about it.

                            So, every so often these jerks gets the "best" of me, but they tell their friends I'm a good guy to do business with, and that enhances my reputation, and therefore my business. Even the lousy, rat b------, lowlife, chisling customer has quality friends. I don't know where they get 'em, but they have 'em. Those friends come in and we do good business together.

                            So, chase after those guys if you want, but me, I ain't gonna die on THAT hill. . .
                            Cheers,

                            Frank Ford
                            HomeShopTech

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                            • #15
                              What part of Texas?

                              I'm near San Antonio. I'll just mosey on by and break some legs if you think that might help.

                              [This message has been edited by CCWKen (edited 06-23-2005).]

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