Small claims court, non-firearm related

korntera · Apr 12, 2009

Well I have a former friend who owes me a sizable sum of money, a little less than $500 is is refusing to pay. I have made many attempts to contact them and the last time they actually talked to me they said they would pay some then for the past month and a half have not returned calls or texts or voice mails. I am mailing them a letter tomorrow but doubt I will receive a response. I was going to give them a break on the debt but at this point am going for the full amount due to their negligence.

Anybody ever done this before? How long does this take?
Just any general advice, I hate to do this since they are a former friend/roommate but enough is enough, i need the money now and can't wait longer. If you want more info on the situation send me a PM if you can offer anymore advice, the person might read this forum so I am trying to walk lightly(but they are not a member i just know they like firearms and they know i posted here before)

Joe Link · Apr 13, 2009

Moving this to off topic, since it's not firearm related

The Duck · Apr 13, 2009

Do you have support material which stats the dept to you (I.E. loan paperwork, cashed check, rent or bill payment paid in full with your own checks, etc...)?

The time frame is different depending where you file at (small town or busy court). Do your research and have a case ready to lay out for the judge. It is easy to win if you have support documents. The collection process is all on your own (just like right now). However, the judgment will allow you to garnish his paychecks to collect dept or put a lien on real property if you file in the same county which he resides.

You will accrue cost for filing, collecting, etc... Which will all be paid by the debtor if you win...

korntera · Apr 13, 2009

I have all the paperwork as well as logs of all the times I have called him or texted him. I am sending a final letter today that will inform him of my intentions if he does not want to settle out of court. Sounds like a lot of work for $500 but at this point in my life i think it will be worth it.

The Duck · Apr 13, 2009

korntera said:
I have all the paperwork as well as logs of all the times I have called him or texted him. I am sending a final letter today that will inform him of my intentions if he does not want to settle out of court. Sounds like a lot of work for $500 but at this point in my life i think it will be worth it.

You don't really need a log of attempts to contact him, it does however look good on your behalf of making an effort to collect. File the paperwork with the local court house. You will need to serve him paperwork; the best bet is to have the county sheriff serve him. Just be nice to the people at the court house and the sheriffs office, they can not give you "legal" advice, but they might "steer" you in the right direction.

I can give you a play by play of what will happen next, or you can just research it on-line. Many court houses will have a package titled something along the lines of; What to expect or Small Claims Process.

It is a easy process to file, serve and win. The collection process is the major headache, just have Patience and know that if you know where he works, you WILL collect (with a judgment).

After you win, garnishments are a tricky process. The court will not do this for you, they simply grant a judgment. To file that paperwork, do your homework, speak with a lawyer or give the judgment to a collection agency.

I would do with the later, you could always ask the agency to put the collection on his credit history (which is legal) and adds to the collection joy! :s0155: