All you'll get from small claims is a piece of paper stating what you already know-- they other side owes you money. Congratulations, now go collect. I made myself nuts trying to collect a thousand bucks from a weasel who owed me money. Never did get it.

While you have him on the stand get all his banking details-- accounts, names of banks, cars, assets, workplace info etc. so you can hound him afterwards to get paid. I was taken to small claims once over a subcontractor issue. I thought the sub should pay, the guy who we did the work for thought I should pay, the court said I had to pay and collect from the sub. I wrote the guy a check on the spot and went my way. Never did file against the sub since I knew it was likely more hassle than the few hundred dollars I'd potentially get.

My case is in the law books at the University of Missouri as the only time a small claims case was paid before leaving the courthouse. /s

Lawyer friend told me the same about small claims. Its your job to go collect and good luck. Makes me think why do we even have small claims court?

so i may get more satisfaction from slashing his tires.

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ΜΟΛΩΝ-ΛΑΒΕ
we're doomed

You receive a judgment that specifies the time period to pay. If he fails or refuses to pay by the time period, you have 3 options: (1) a bank levy; (2) wage garnishment; or (3) real estate lien. Forget option 3 because that does not "kick in" until sale of the property. If you try option 1, he will likely close the account. Usually, the best option is 2, but filing a wage garnishment is a pain in the ass and a slow process. You have the responsibility of doing the leg work for all of this and it is an effort.

This is why, at the hearing, you need to get all the information you can about his employment, real estate, and bank accounts.


That isn't Panera-worthy ...

Nearly impossible to say. Depends on how much time the attorney put into preparations for the case. This could easily run $500 - $25000.

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If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR

For only $500, don't bother with an atty.

Prepare your case with documented evidence that demonstrates the other party is in your debt for the amount. With documentation you'll win. Like previous posters have stated... Collection is another matter.

When the opposition loses, and cries to the judge that they cannot pay, His/Her Honor will suggest or impose a payment plan. This often satisfies the loser for awhile, and allows them to run from the courtroom. When they default on the payment, you will need to go back to court and prove their default, again with documentation. So far, all of what is proposed here, has cost you more than $500 of your time, and the the debtor probably knows this already, and is ready to run you ragged for a paltry sum.

Your truest satisfaction (in principle) is the threat to the other party that a default will appear in public court records. For $500, I would start with a form of polite, and professional communication that indicates this potential result.

See if you can get your case on the People's Court or Judge Judy. They have a pot of $$$ they pay out so people will go on their show.

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"The great pleasure in life is doing what people say you cannot do."

sounds like tire slashing it is.
not worth my time to pursue it past small claims. i went on faith that the guy would pay, we had some mutual acquaintances, people i respect, so i thought i'd help a guy out. it was a set of used tires i was about to take to the dump. i thought i'd see if i could get a few dollars for them. i said he could have em for $300 or he could install a leveling kit on my truck. he's a mechanic, he said he'd install the kit. i know where he works, i'll jack his car there.

i like the judge judy angle though. do both parties get paid by the network to show up? if so that's a win for whoever the slime ball of the case is.
i believe in the end karma will take care of this guy.

and re: atty costs. i was talking with another cousin, not the one on trial, about our wayward cousin and she made a comment about how much his atty fees prob were. she was guessing $20k. i'd never thought about what the cost of something like this may run. the druggie cousin isn't paying for it, his folks are. he's a coddled mess. and i even doubt his folks are paying for it, his mom is mooching money off her 82 year old sister. that part of the fam is a complete springer season.

This is why it is best to settle before you actually go to small claims court and get some money out of them. Even if you get to the courthouse (assuming the other side even shows), Judy will give you time to work out a settlement before any proceedings.

A punch in the face is more satisfying than slashing tires but also has more potential of getting caught. Just make sure to aim for the squishy parts so you don't cut your hand up on his teeth.

An alternative is writing vulgar words in fertilizer in his front lawn.

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I'm beginning to think that we are much more fucked than I thought.

isn't assault a worse charge than vandalism? and wouldn't it'd be harder to prove vandalism unless there is video evidence?

if it's such a pain to get payment i'll prob let it go. the guy is a slime ball. i really would like to make his life miserable but not at the cost of taking too much of my time. i hate how he lied so easily to my face but he did save me a trip to the dump. and he still is riding around on old tires. if it was just me i'd be more bold in my revenge. this guy is such a coward i don't know that i wouldn't put it past him to harass my wife or step-daughter. not worth it to make their life scary.

the guy lives in a shitty neighborhood, his neighbors, and prob he himself, would prob find vulgar words in his front yard entertaining.

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ΜΟΛΩΝ-ΛΑΒΕ
we're doomed

my understanding of how Judge Judy/Peoples Court works (and this could be wrong) - the show pays for travel (plane/hotel) - if the max for small claims is 5k in your juristiction, then JJ will have a 5k pool. out of the 5k, pool, the judgement is paid out to the winner and the rest is split 50/50 - if the judgement is for 5k, the winner gets all, and the loser gets nothing (except a free trip to NYC). If the judgement is for 1k, the winner would get the 1k +2k from the pool, and the loser would get the remaining 2k.

This is why sometimes on JJ you'll see people on there that don't have any chance of winning, but they show up to have the show pay their judgement ---example: https://www.youtube.com/watch?v=HdJWAEjdV74

 
Like JSA said it is impossible to say what they are paying for the criminal case. My wife runs a criminal defense office, they charge what they think they can get, or they charge less if they are desperate.

One of her bosses charges based on what he thinks they can come up with, might be $5k for one person and $12k for another for the same case. They could go down the street to a new/hungry lawyer and get it done for $2,500, or they could go to a guy who is really busy but really good and pay $50k.

I didn't say it wasn't, just that it is more satisfying.

More often than not, when it is just about the principle of the thing you should walk away.

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I'm beginning to think that we are much more fucked than I thought.

yeah you made a mistake by trying to get a little money out of this guy. lesson learned...

I had a small claims case in Boulder probably 18 years ago over a security deposit. The Judge Judy show contacted me to be on it! The defendant refused. I won in regular small claims court and did get her pay garnished for a bit till she moved on. Never collected the rest. It was kind of novel to get checks from liquor mart while it lasted though.

I haven't read this entire thread, but there's another wringer you might be able to put him through (assuming your state has the same procedure available as here in California). Here in California there's a post-judgment procedure called a Judgment Debtor's Exam, where you get to compel the guy to appear in court and get sworn in by the courtroom clerk. Then you get to take him out into the hallway (or into a conference room if the court has them available to you) and ask him just about anything you want so long as it relates to his assets. He's under legal compulsion to tell you the truth because he was sworn in, and it can get pretty humiliating for him (especially if there are other people hanging around in the hallway).

I've heard stories of debtors being asked to pull out their wallets and show the judgment creditor how much cash they have in it. The creditor then literally walks into the courtroom at that moment and gets to ask the judge to order the debtor to hand over the cash. So long as you've followed the proper procedure, the court will probably grant you the order and you get to take it from him right then and there.

If the guy doesn't show up then the Exam will probably get postponed, maybe even a couple of times. If the guy doesn't show up again, then the judge can issue an arrest warrant for him.

You might not get your money at the end of the day, but you can probably create more than $500 in "pain in the ass" costs for the guy.

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War is god

First question: don't sue for principal. Never a good idea and the process will not make you feel satisfied, regardless of the outcome. Oh, and don't sue for $500. That really is a waste of time.

Second question. It depends as others have said. But if your cousin already has a private law firm as counsel, haven't they demanded a retainer that presumably will cover their estimate of the fees?

If you win and he does not pay, renew the judgement so that you can collect interest if he finally decides to pay. I sued and won over $550 and got $1500 from wage garnishments. Dumb girl could have lost her job from the courts getting involved in her work affairs.

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DISH is how we do it.

I believe that in order to do the Exam, you need to have a Sheriff serve him, which can cost a bundle of money if he is sneaky.

Do you have a signed contract? If not, forget about it and move on. He would just claim you planned to throw them out and said to him he could have them for free if he came to collect them.
Next time get cash up front.

so you probably think that a woman in a short skirt is partially to blame if she gets raped.

crank: i researched debtors exam here in az, it looks like it needs to be done with an atty. i'm sure it'd cost me more than it's worth. but that's great info, i've never heard of that. thank you.

first: i thought about suing for $500 but have the money paid as an anonymous donation to the Ronald McDonald House. the company i work for works with them quite a bit and i hoped it would make the judge more sympathetic to having the slime ball pay the full $500 vs asking what i would have been willing to take in cash.

second: i haven't spoken to this part of the family for years. the parents are real 'winners'. the daughter is a raging ***t. the boy, the possible felon, has a good heart and is kind person, but he's spoiled also. his folks never held them accountable for their actions. the "affluencenza" defense could apply to this guy.

now this would be cool, get interest from the slime ball. i'll research that and see if it's an option here.


from what i could figure out you're correct. i know where he lives and think i know where he works. i don't think it'd be too difficult to figure out his schedule.

i think i'd have a good chance of winning, getting payment...not so much. i think i'll get karma take care of him.

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ΜΟΛΩΝ-ΛΑΒΕ
we're doomed

You can do it unrepresented:

http://www.pinalcountyaz.gov/...%20Packet%20FORM.pdf

Obviously that link is to one county in particular but the law is surely generally applied across the state. Just do a search on your county's court website for a self-help section. It's probably there.

ETA: The interest rate on a judgment can be 10% per year (that's what it is in California):

http://law.justia.com/...tle44/section44-1201

Just sit on it and let it grow $50 per year (or maybe it's compounded) until it's worth pursuing. As was mentioned by someone else, however, beware the need to periodically renew the judgment lest it lapse.

http://www.guywbluff.com/...rocedure-for-renewal

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War is god