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So if they don't have the money but own an ATV or something similar to the value of the money you're claiming for, you can claim that property as a cash replacement? I believe that's what I'm hearing.Comment -
True story for example....
Use to rent property from an Arab for one of my businesses. Landlord would NEVER cut the grass consistently... always would try to cut it every 10 or 11 days. Definitely not every 7 days. There's a reason for this...
Well in Michigan... the grass cutting season is basically 7-8 months. The landlord would hire a new company every year to cut the grass. And you're wondering why would he do this? Well... every young gun out there who owns a landscaping company would love to have an acct. like this. It's easy... and you'd be making $. (You would think?)
So after the first month goes by... my landlord would get the bill... and he wouldn't pay it. He would give some BS story to the landscaping owner... and the 2nd month would go by... and he wouldn't pay that either. He would find these inexperienced landscaping owners and milk them. 1 guy was actually dumb enough to do it the entire year without getting paid. He actually came into my store one day... and said I'm going to kill your landlord.
I was like join the club. We all do. So, by the time you take him to court... etc... get the judgement... how are you going to get your $? Exactly.
10 years I rented from my landlord.... all 10 years... he never paid $1.00 to any landscaping company.
Business in America.Comment -
You need to get some sort of VIN # on the vehicle. Something that links that property with that owner on record. That's the first step.
The problem is... you have to be your own private detective. I also believe you need to go to court to file the lien. I could be wrong though? So again... more court fees on top of more court fees.Comment -
This is not true. You obtain a judgement, you can file the judgement but that does not give you the implied right to lien assets. You can levy a bank account, however you will find that each time you file a judgement or do a search for accounts it costs more money.
Most effective form of retaliation is the judgment being filed. It messes up their credit and they won't be able to obtain a loan or line if credit or anything that requires a credit check untill you are paid. It may take time, but thats how it works.Comment -
Really? When I took someone to small claims court the judge said there could be no appeals. Maybe it's different in your jurisdiction.
I bought a new truck and still had my old junker car. My friend had a new baby and didn't have a car so she asked if she could buy mine for $400. She didn't have the money but said she could make payments. I felt sorry for her so I agreed.
She never made payments. I would have to go to her house since she didn't have a phone and her boyfriend would always say she's not there.
Took her to small claims court and the judge threw it out because I didn't have a signed contract. In other words, I helped out a friend with no car and a new baby and she shafted me.
I eventually got my junker car back but it was trashed so I had to junk it.Comment -
Not trying to give you a hard time... but you said "THIS IS NOT TRUE"... what exactly isn't TRUE about my statement?
If you're reiterating that it's ok to levy a bank acct but not put a lien against something... It doesn't make much sense. Both are acceptable. One direction could cost you more in the long run... if you're patient... a person must eventually sell their car... it depends on how patient you are. Why you put a lien on something... it's a one shot deal. Not a constant battle finding bank accts with $ in them.
Furthermore, you claim the most effective form of retaliation is a judgement being filed? How is it effective when you've exhausted all your resources... you still aren't paid and the person is still apparently living a great life?
Do you think a person really cares about their credit when most people who attempt not paying a debt... run cash businesses anyways? They don't need (extremely high) perfect credit. That's why they attempt not paying you. A judgement or lien filed on your credit report only drops your score about 50 points. That's not going to effect someone's lifestyle. It's the game within the game.Comment -
The moral of the story is simple... have a set figure in your head you're willing to lose before you get in any deal.
You can typically get away with screwing someone over for around $2,000 - $2,500. That's why my landlord screwed over every landscaping company. Attorneys get calls about this every single day (people owe me money... blah blah blah.) Just to start a case against someone would cost you around $2,000 with an attorney. Most people won't challenge this even in small claims court. It's not morally acceptable... but people are getting away with it.
So again... before getting involved in any business deal... cross your t's and dot your i's. Have a set figure in what you're willing to lose before getting involved. Or get the cash upfront.Comment -
it was in california. it was over a dog bite that didnt even break skin and i was included in case even tho i wasnt there at time and wasnt on lease. female sued for max 7500 and female judge gave her 3K. i went back with copy of lease and it was thrown out. but overall massive headache. this girl looked like fool got caught up in lies it was bad for her at appeal.Comment -
different court different judge different city same county just like it reads below
is there anything else you need on this
An appeal of a Small Claims judgment is a request to reverse the decision by having the case heard again in the Civil Division of the Superior Court. A Plaintiff does not have the right to appeal a small claims judgment except in certain circumstances which will be explained further on.Only the Defendant can appeal the judgment. An insurer of the defendant may also appeal the judgment if the judgment exceeds $2500 and its policy with the Defendant covers the matter to which the judgment applies.The rule to remember is if you lose on your own claim, you cannot appeal, but if you lose on the other party's claim, you can appeal. It is especially important to remember this when a claim of defendant is filed. In that case, the original Defendant is acting as Plaintiff and cannot appeal if he or she loses on the claim of defendant.An appeal of the small claims judgment must be filed within 30 calendar days of the date of the Small Claims decision or, if the decision is mailed to you, within 30 days of the date the clerk mails the Notice of Entry of judgment. The date will appear on the form you receive.An appeal is filed with the Small Claims clerk. The case is heard in Civil Division of the Superior Court and is treated as a new case. All the evidence and witnesses must be presented again.On appeal, the claim is heard for the original amount. For example, if you were sued for $1,000 in Small Claims Court and the judgment against you was for $500, on an appeal the judge has the right to award the full $1,000 to the plaintiff if you lose.While the case is being appealed, the defendant does not have to pay the Small Claims Court judgment.If the Defendant loses the appeal, the Defendant must pay the Plaintiff the amount of the judgment plus interest and costs; examples of costs are any earnings you can prove you lost or any money you actually paid for transportation and lodging in connection with the appeal. The Defendant may also have to pay Plaintiff's attorney's fees up to $150.00.If the court finds that the appeal was intended to harass or delay the Plaintiff, or to encourage the Plaintiff to abandon the claim, the court may award the Plaintiff attorneys fees of up to $1,000.00. The court may also, if it wishes, award the cost of lodging and transportation incurred in connection with the appeal, together with Plaintiff's lost earnings,up to $1,000.00, following a hearing on the matter.Comment -
What's the going rate for attorneys now? I recently engaged an attorney and he quoted $350/hour. In order to recoup $7500 that's about 20 hours of work. If you can get the other person to pay for your attorney's fees it might be worth it. Otherwise, the time involved would have to be much less.Comment -
My parents were taking to small claims over me when I was 11. I had a paper route and some bitch owed me 4 weeks. It was in 1974 and a week was 1.75 .Being the prick that i am I found out when she was going on vacay. Went to the river bank and caught a carp. I put it in her mailbox in the middle of summer. She had to throw away her mailbox. Day of court the judge asked me if I did it. I said I would never do something like that. Judge knew I was lying but he just laughed and told her she should of paid me. Yes i was a prick at 11Comment -
You can't slander title with a judgement, so your lien will be subject to secured creditors and then is likely limited by statute to a % of the total judgement, in other words you can't cross collatersize everything off one court stipulation.
The impact on the score is one derogatory aspect, but the real world fact is that lenders will not loan to guys with outstanding judgements- period. That is a tighter noose than you realize and IMHO the ultimate revengr.Comment -
QL - IMO it's always best to try and work things out without an attorney involved. I understand... it sucks getting the raw end of the deal... and you want justice. The problem is... all attorneys are cocky. All a bunch of hot shots. It doesn't matter if some guy quotes you $200 an hour. He'll just jack up the hours on the billing and said he spent more time on it. Never met an attorney who was fair.
One time an attorney sent me a bill for $225.00 for a 30 minute in-person appointment. This was about 13 years ago. I was a young and inexperienced business owner at the time. I didn't understand the "hustle" routine. All he was doing was rolling the dice... just throw a bill out there... and see what my approach would be. He wasn't going to do anything if I didn't pay him. I wrote him a check and paid it anyways. If I could do it all over again... I would of never paid him.
All attorneys change pricing... it's whatever they feel like charging. They read your tone and emotions over the phone... one guy asked for $5,000 retainer up front. lol Fuk these guys.Comment -
The best thing to do is hire Street lawyer and he will settle it safelyComment
