Anyone had to take someone to Small Claims Court?

[TSU_Archer]

Not necessarily the most “on topic” thread for Rokslide but it does pertain to outdoor equipment I guess.

Has anyone ever had to take someone to small claims court to get what’s owed to them? Any advice or things to be aware of?

 

[Fullfan]

For me it was a waste of time. Restitution ordered for me. Receive it at 1.73 a month on a 5000.00 4 wheeler.

 

[wyosteve]

Just be aware, even if you win, the Defendant is not required to pay, you get a judgment and it's up to you to try and collect on it through garnishments, liens, etc.

 

[longspeak74]

Took a former rental tenant to SCC. He didn't show, so I automatically won the case. Being that he was employed and I had all pertinent documents, was easy to get his wages garnished. Got my money!

 

[robtattoo]

Took a former rental tenant to SCC. He didn't show, so I automatically won the case. Being that he was employed and I had all pertinent documents, was easy to get his wages garnished. Got my money!

Same experience for me. I had a customer abandon 2 dogs with me, after boarding them for 4 weeks. It took a while to get paid, but I did get it.

One thing to be aware of; if the person already has wage garnishments, you'll have to get in line. My case had 2 against her & I was told that only 1 could be taken at a time (this may only apply for non payment garnishments, not child support etc. I don't know) so it took me nearly 6 years to get paid.

 

[TSU_Archer]

Sounds like this could be more trouble than it’s worth to do small claims. Quite hit or miss on ever getting the money even if you win. So let me ask y’all this. If I post the whole ordeal on social media or share who it was.

Granted not adding anything extra than just the facts. Just to warn others, that’s not Libel right?

If this truly does go south, can I at least warn others and share it on social media. Just want to insure that the person in question doesn’t have any legitimate fuel to try and flip this mess on me. I mean if I can’t get my money back or it’s going to be too big of a pain in the rear. Then the very least others should know to avoid this person.

Like I said. Not going to put anybody on blast, inject raw emotion or negative opinions or anything for that matter that isn’t just raw facts backed by undeniable proof.

 

[fwafwow]

Can you give some basic facts without naming names?

 

[TSU_Archer]

Can you give some basic facts without naming names?

Long story short I gave a cousin an Elite bow, a ton of accessories and some First Lite gear. Well over $2k worth with the the agreement(in writing) that he would pay me once he had sold off all his reloading equipment. It’s now been three months, found out he had already sold the equipment within three weeks. I have given him every possible chance to resolve this. Now he has blocked me on every front, won’t even answer his own mothers calls or texts over the issue.

He is actually a member on here……

Thought I was doing him a favor since he wanted to really get into Archery hunting, wanted me to teach him since I’m a archery coach, going hunting together blah blah blah. Load of crap really.


Sure have learned that old saying don’t mix friends or Family with Money unless your willing to loss one or both.

 

[fwafwow]

Long story short I gave a cousin an Elite bow, a ton of accessories and some First Lite gear. Well over $2k worth with the the agreement(in writing) that he would pay me once he had sold off all his reloading equipment. It’s now been three months, found out he had already sold the equipment within three weeks. I have given him every possible chance to resolve this. Now he has blocked me on every front, won’t even answer his own mothers calls or texts over the issue.

He is actually a member on here……

Thought I was doing him a favor since he wanted to really get into Archery hunting, wanted me to teach him since I’m a archery coach, going hunting together blah blah blah. Load of crap really.


Sure have learned that old saying don’t mix friends or Family with Money unless your willing to loss one or both.

I think court will be frustrating, perhaps cost you more than you think, and you may still be without reimbursement at the end of the day. If you can seek another way, that would be ideal.

 

[TSU_Archer]

I think court will be frustrating, perhaps cost you more than you think, and you may still be without reimbursement at the end of the day. If you can seek another way, that would be ideal.

I would absolutely hope for another way. Just seems it’s not. Being it’s family, it sure has me in knots. Sad how even your own family can take advantage of you.

 

[Wrench]

If my cousin did that, I'd tell grandma and she'd shame him into squaring up AFTER she whooped up on him with the breadboard.

"Can't have a thief wearing our name on the jersey".....I can hear her say it as I type this.

In all seriousness, I feel for you and your cousin. When things get lean you really need friends and family. It's a tragedy to burn them because they don't make more.

I wish you the best and hopefully some day you guys can look back on it and laugh.

 

[*zap*]

Bad situation, good luck. Maybe just go and repossess your property?

 

[Backpack Hunter]

You will see a magistrate, he/she will hear both sides of the case and make a judgment from there. You or the defendant will have 10 days to appeal the judgment if so chosen. Typically, the loser is ordered to pay the court fees, but not always.

 

[fwafwow]

You will see a magistrate, he/she will hear both sides of the case and make a judgment from there. You or the defendant will have 10 days to appeal the judgment if so chosen. Typically, the loser is ordered to pay the court fees, but not always.

But as @wyosteve pointed out, even if all of that works out, a judgment is just a piece of paper. Enforcement is a different kettle of fish, and you can get blood from a stone.

OP - is he in the same state?

 

[TSU_Archer]

Bad situation, good luck. Maybe just go and repossess your property?

Tried and it almost spilled over into a fist fight. Was a bad ordeal

 

[TSU_Archer]

But as @wyosteve pointed out, even if all of that works out, a judgment is just a piece of paper. Enforcement is a different kettle of fish, and you can get blood from a stone.

OP - is he in the same state?

No I live in CO. He is in Texas. I attempted once to repossess it/confront him and we almost got into it.

 

[fwafwow]

No I live in CO. He is in Texas. I attempted once to repossess it/confront him and we almost got into it.

Different states make it even worse. And trying to get it back on your own could put you in hot water.

 

[def90]

The guy probably already sold it off for drugs, beer or whatever and won't show up for court. Think it's pretty cheap to file.

 

[fwafwow]

The guy probably already sold it off for drugs, beer or whatever and won't show up for court. Think it's pretty cheap to file.

I’m not sure small claims courts exercise jurisdiction over nonresidents - unless the defendant appears. I could be wrong

 

[TSU_Archer]

The guy probably already sold it off for drugs, beer or whatever and won't show up for court. Think it's pretty cheap to file.

Don’t think he sold it for drugs or anything like that. Just think he has crap integrity and thought he could slip one past his own family and he bit off more than he could chew with me. Now I think he is so deep in it, he won’t accept fault and fix the situation. He is still owning it, even after the whole rest of the family has disapproved and just about disowned his butt.

Just makes me sick I would witness something this petty within my own family.