Pat Whatley
New Member
Because in Alabama a default judgement from small claims court isn't enough to get you a lien on any property, it gives you no power at all to actually collect. The system almost just acts as a mediator.
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Client vanished on payment
- Thread starter datoshway
- Start date
WildWestDesigns
Active Member
Based on that, if that's true, it isn't even mediation. ADR, especially voluntary, gives you the power to collect, at least in this jurisdiction.
weaselboogie
New Member
in ohio, once you get judgement, you can do property liens, wage garnishment, information subpenas for bank withdrawl and warrants.
Gino
Premium Subscriber
Do as bob from earth suggested, but before you go to court, write everything down in a formal letter as he suggested for the court and send it to him with returned receipt..... in the form of a 'Letter of Demand'.
This will show him how he is outside his rights and if he doesn't cooperate, he will be sued in a court of law. This letter will serve as a paper trail for the courts to confirm you did everything in your power to get your money legally. Generally, someone reading everything you've done to get your money, suddenly in black and white makes more sense that e-mails and phone messages. Following up with your last sentence in the letter instructing them to read and digest all of the information of this 'Letter of Demand' and govern yourself accordingly, usually gets you paid without any legal costs.
This will show him how he is outside his rights and if he doesn't cooperate, he will be sued in a court of law. This letter will serve as a paper trail for the courts to confirm you did everything in your power to get your money legally. Generally, someone reading everything you've done to get your money, suddenly in black and white makes more sense that e-mails and phone messages. Following up with your last sentence in the letter instructing them to read and digest all of the information of this 'Letter of Demand' and govern yourself accordingly, usually gets you paid without any legal costs.
visual800
Active Member
AND....it is a joke! See why I love to repo. the law down here doesnt give a rats *** to help the seller if you will. I took a guy to small claims court aloooong time ago. I showed up to court he wasnt there. do you think I automatically won? NOPE. He didnt have to show up NOR did he have to pay if I won.
why even bother? Now if this is diff in your state go for it!
WildWestDesigns
Active Member
Something else is going on here. Rule K of the Alabama Small Claims Court says the exact opposite if it happened as described above.
Oh, for those that "repo" under false pretenses, like "emergency repairs" etc, there are rules against that as well. If you are repo'ing, it has to be called as such. Which is what you are doing when there is verbiage such as "until funds are paid" or some derivative in conjunction with "emergency repairs". Even Alabama, as well as most other states, have rules on the books about that.
I am all in favor of having contracts, but you still have to know what you can or can't do in order for that contract to be enforceable. Contract in of itself means nothing if it violates laws as far as getting a judgement in your favor in court.
TresL
New Member
I agree, you will in small claims, but then you are also responsible to collect.
That's the difficult part.
That's the difficult part.
visual800
Active Member
exactly! so tell me once again why did we just waste MY money to go to court? I say rip the junk off. wait a couple months and rip it off. acetone would be great if it was not laminated
anotherdog
New Member
Acetone?
You can spend 10 grand to recover the balance of the invoice, or as above, you can let the Karmic balance take place. Said truck is parked in some pretty sleazy/remote locations?
In the end you let them drive away with the bill unpaid. The best lessons in life are always expensive.
signage
New Member
So true!
I know that when someone has made a partial payment.....legally you can do NOTHING.
If you do, they have the right to sue you or bring a judgement. If you want your money you will have to get it legally. It is so unfair, but I will risk loosing a customer if they do not pay before receiving goods. There are exceptions to the rule
If you do, they have the right to sue you or bring a judgement. If you want your money you will have to get it legally. It is so unfair, but I will risk loosing a customer if they do not pay before receiving goods. There are exceptions to the rule
96XP
New Member
New thought:
Put a huge print on the side of a vehicle that states he didn't pay his bill (or whatever is suitable)
Park it in front of his home or business till he pays.
MakeMyGraphic
New Member
find out where he lives... and then file a small claim against him in the most inconvenient location. No shows typically lose the battle
kidding... but that really stinks that there are people out there who do this to honest working businesses Karma will catch up to him.
kidding... but that really stinks that there are people out there who do this to honest working businesses
Karma will catch up to him.
datoshway
New Member
Back with an update. I have to take this loser to court and since it's over a certain amount it's out of Small Claims. Finally was able to reach this crazy guy and now he's telling me he's doesn't like the wrap job! FML
My attorney tells me it would be good to get a one or two sentence letter from an industry wrap shop that can verify the job was done to industry standards? PM and I will send you quality pictures. For the love of god. Help me out, before I go hunt this guy down!
My attorney tells me it would be good to get a one or two sentence letter from an industry wrap shop that can verify the job was done to industry standards? PM and I will send you quality pictures. For the love of god. Help me out, before I go hunt this guy down!
