Small claims Court?

Discussion in 'The Lounge' started by Snakecharmer, Jul 19, 2008.

  1. Anybody have a good experience with these?

    A family member helpd a "friend" by putting some auto repair parts on a credit card bill. Now the person wont repay. No IOU no witnesses..On a related matter we found he has a rap sheet for theft, drugs, weapon violations so I think is may be best to write it off as an expensive lesson... He should get jail time for the other matter.
  2. Orlando

    Orlando Set The Hook!

    Best you can hope for in small claims is for the Judge to rule in your favor. Doesnt mean you will ever see a penny of it Does the guy have a job? Even so alot of people know how to work the system. If the Judge rules that he has to pay and he has a job he may still not pay you. Then you have to go back to court file again and have the Judge garnis wadges from his check.

  3. orlando ,hit it 100% , right it off , take the parts off , or pour some diesel in his tank ,
  4. You'll waste more time and money that it is worth only to get nothing.

    If you know his social security number and know where he works, you have a very small chance of recovering the money. Other than that, it's a waste of time and money.

    Chalk it up as a good lesson.
  5. symba

    symba Kayak Conquistador

    Call Judge Judy.
  6. don't waste any more of your money,no reciept,no iou,no witiness,= s.o.l.
    The Judge would have to see or hear a preponderance of evidence affirming the debt to even consider awarding your claim.It would boil down to he said,she said and that being the case you'll lose the filing fee & court cost on top of the parts money further increasing your total loss.Just hope she learns from it and requires a signed note in the future.
  7. PapawSmith

    PapawSmith Bud n Burgers

    IMO all the bad news guys are right. All the a-hole needs to establish in court is that there was a "Reasonable assumption" that the credit card payment was a "Favor" or a "Gift". In that the court will view that your family member made the payment with the "Reasonable assumption" that the debt would not be repaid. :( Unfortunatly it is difficult to beat a LIAR in court. If you think about it when you go to court with the truth, and you are honest and bound by the truth, you are also limited by the truth. A liar's story is unfettered and has no boundries. A liar can say anything that supports his/her position.Court sucks, but I will always stick with the truth.
    Chalk this one up as a good lesson for the future.
  8. Thanks Guys. I was pretty sure that was going to be the case. I think he's a con artist / thief as his fulltime job. I just hope he gets a nice boyfriend in the Iron Bar Hotel!
  9. topwaterdevil

    topwaterdevil SMB and Saugeyes.

    Majority rule (I think Ohio is the same) is that oral contracts are valid up to $500. Unfortunately it looks like there's no consideration (i.e., charging him interest until he pays it off), so it's sure as hell going to look like a gift in court. Probably not worth the hassle unless it was worth a lot in which case you would have needed writing to form a contract.
  10. sauguy

    sauguy river & muskie angler, dayhiker

    no good deed goes unpunished, sorry to say.
  11. jennis9

    jennis9 Fish against the fish...

    Court is not worth the effort... most of the time they miss the court date and you waste time from work.

    I sued a lawyer that stiffed me on paying for services (about $2,000). After calling with no reply, I walked into his office and asked for payment, he handed me a check for half - which was proof that he thought he owed me the money toward my invoice - I made a copy and cashed it immediately. I told him I would be back in a month for the other half... came back and he screamed at me, spit on me and told me to leave. I told him I'd see him in court. I took the copy of the check to my lawyer, sued and went to court... He never showed and filed bankruptcy. At least I got half. But I owed my lawyer expenses and lost out on the deal. At least I had the watermelons to stand up for myself... that was my lesson.

    If you can get a check from the guy, then it shows intent to pay - thus a LOAN. If not - your family member just learned a lesson. Next time they will consider how hard they worked for that cash before loaning it out to strangers (it seems as though they did not know about the criminal activity until after tha loan = stranger).

    And if they feel like being charitable in the future, advise them to write a check to a non-profit and at least get the deduction.

    Being nice/helpful/charitable has a lesson sometimes.
  12. littleking

    littleking Crossing Lines LIKE A PRO

    try a mediation hearing, it costs nothing and usually works things out.
  13. Ðe§perado™

    Ðe§perado™ Catfisherman/Bowfisherman

    That is the way to go. I had something like that with his word and my word. It worked out fine and cost nothing but time.
  14. When you file a suit against someone in Summit County, it is mandatory that you have a mediation hearing first before tying up the court's time.

    Winning this suit would be the easy part. No court takes for granted that anyone goes around handing out money, or making charges on credit cards to benefit others as 'gifts'

    Once you get the judgement, which you would, the problem then becomes collecting the judgement, which, most likely, you wouldn't.
  15. I won a settlement against an ex-employer for wages owed. I had to put a lein on his rental properties and his personal vehicle. He paid half what he owed then left the area. I was lucky in the fact he owned something of value and had a business.
  16. The police had 16 different alias for the scumbag, which probably precludes trying to put a lien on something. Doubt if he has anything of value anyhow. Somehow he kept losing his drivers permit anfd then using a new name to get another then losing that one. I don't understand out legal system...DWI's out the kazoo too.......