Stupid Me

Discussion in 'Homesteading Questions' started by big rockpile, Nov 19, 2004.

  1. big rockpile

    big rockpile If I need a Shelter

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    Well I guess I gave a Pickup away. :waa: Sold it to a Guy now he is not wanting to pay for it.

    I didn't put a Lean on the Title.But he did sign a Contract saying he would pay.

    We'll see!

    big rockpile
     
  2. fordy

    fordy Well-Known Member

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    ................BRP , in Texas you can file a clain in Small Claims court without an Attorney for up to $5,000 , I believe . There is a 60 filing fee . There must be some sort of Equivalent legal system for redress of your grievances in Mo . I , would take that contract down to SC's court and file on that guy. Here they set a court date , the JP listens while both sides state their case and then the judge makes a decision . IF...the guy doesn't show for the court date , the Judge will probably issue a default judgement in your favor . Then , you take that written judgement over to the court house and have it recorded. Then , If he tries to SELL any kind of Real Property he will have to payoff that judgement PLUS interest . It , is really a simple process but you have to take the Initiative to get your day in court , fordy... :)
     

  3. big rockpile

    big rockpile If I need a Shelter

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    Well I got the Paper Work.Just Pray that I can get something settled with this.

    Bad thing is this is the second time something like this has happened.I sold another Truck at the same time same way,but the Guy is paying me.But he is wanting to work out another Deal with me so he isn't going to mess this up.

    big rockpile
     
  4. rambler

    rambler Well-Known Member Supporter

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    Here in minnesota there is a similar deal, but there is no backing behind it - you get a paer that says you are owed money - but you generally had that already, and the guy wasn't paying... Now you have 2 papers that says he owes - why will he pay now? And you are out the court costs....

    Happened several times to friends. Never see their money. One went to court 3 times, the slacker filed appeals & delays. Friend won every time. Only thing he never got - was the money.

    Seems pointless.

    --->Paul
     
  5. BobBoyce

    BobBoyce Well-Known Member

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    I did something similar, sold a custom pickup to a friend of DD. I wrote up a contract, he made a down payment, I did title transfer with a lien. He moved and hasn't made a single payment. If I take the title and $15 to the title office and get a repo title back in my name. I have the title as lienholder, but without the vehicle, the title is not worth a heck of a lot. I guess it's not a total loss, the down payment I received was more than I had paid for the truck.

    Bob
     
  6. angus_guy

    angus_guy Well-Known Member

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    Guys what you did not keep was a copy of the keys What you need to act like is a "tote-the-note-lot"
    Here in TN and I'm sure elsewhere here is how the business works

    Lot ownere buys car for say $500 sells car for $1500 gets Downpayment of 500 and promissory note for $1000 @75/Week if the Deadbeat misses one payment repo and start over my bil does this and he keeps the keys and will simply drive home paper work I am not sure of
     
  7. Queen Bee

    Queen Bee Well-Known Member Supporter

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    When DH's nehew need transportation, he promised to pay us $50.00 weekly, we signed the title because I did not want anything saidor to be sued if he had a wreck or did something stupid. We kept the title and a set of the keys! After about six months of not paying us anything not one dime, I went over to his house, told him I was taking the truck back. When I got home I called DMV and told them I needed to file for a "lost" title. They sent me a new one and I "lost" the one he had signed... :eek: But by the time we got the thing back it had a clutch problem and in such bad shape in side that we could not/would not sell it.. I learned my lesson--No money, no ride..
     
  8. Ravenlost

    Ravenlost Well-Known Member Supporter

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    My first husband sold a car to a fellow who then refused to pay. We were at the grocery store one Saturday and saw the car in the parking lot. My ex still had a spare key on his keychain so he "repossessed" the car! :eek:

    We never heard a word from the guy.
     
  9. BobBoyce

    BobBoyce Well-Known Member

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    I have a set of keys, but the guy moved and I don't know where he is. He told my DD that he was moving to where he could find work, and that he would be sending payments once he got on his feet. That was almost a year ago...

    Bob
     
  10. jefferson

    jefferson fuzzball in the Cascades

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    I've made the court trip several times. Have "won" everytime. But big deal, there is no teath in the ruling. Even had one judge say "put them on your Xmas card list"
     
  11. 65284

    65284 Well-Known Member Supporter

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    Hey BR, I can tell you from bitter experience, small claims court in Missouri is a joke. You first must know the address of the person you are suing, so they can be served with a summons. Then you have to pay a filing fee and, appear at the hearing. If you have a legitimate claim getting a judgement shouldn't be a problem. And that's all you have, a piece of paper, collecting is strictly up to you. The judge will not order the defendant to make any specific payments. You can't attach or seize clothing, tools, musical instruments, etc. About the only realistic hope of collecting anything is to find a bank account or garnishee wages. If you can find a bank account or where they work you must then go back to the court and file more paperwork, pay additional fees for sheriff serving the garanishment or attachment papers, and if you should be fortunate enough to collect anything the sheriff also keeps a % of what is collected. All of these fees are added to the amount due, which means nothing unless you actually collect. But, you have to know which bank they use AND their account number. Garnisment of wages is not easy either, you can only receive 10 % I think, and that percentage can be reduced some for every minor child they have. These attachment/garnishment orders are good for only 90 days, if there is not enough to satisfy the debt you must go back to and file another attachment/garnishment order and pay another set of fees, and if someone else has an order against them you must wait your turn. It took me almost 8 years to collect $1200.00 in back rent and damages. I wouldn't have bothered but the guy was a complete jerk, after the hearing was over he screamed right in my face " you'll never get a f----n dime of my money", and mumbled some threats. I dogged him through at least 10 jobs in 4 different towns but I finally got it all. It wasn't worth it moneywise. I spent too much time tracking him down, finding out where he worked, drove countless miles and spent way too many hours on trips to courthouses. But it was worth it in satisfaction. I found out they were professional deadbeats, made their living ripping folks off, supplemented with welfare and as little work as possible.
     
  12. buttercup

    buttercup Well-Known Member

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    wage witholding. if the man works, you'll get your money.
    BC
     
  13. big rockpile

    big rockpile If I need a Shelter

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    Well I know where he lives and works.He can't quit because he is paroll from Prison.

    big rockpile
     
  14. BobBoyce

    BobBoyce Well-Known Member

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    Big Rockpile, you may be in luck. All you have to do is contact his parole officer. Show him the contract, tell him you have not received payment, and that you are about to file legal action for breach of contract against the parolee.

    It is a condition of parole to abide by all municiple, city, county, state, and federal codes, laws, ordinances, statutes, ect. This also applies to civil law.

    In most states, it is also a condition of parole to live in a manner consistant with the standards and morals of the community. Nonfulfillment of contractual obligations is a violation of that condition as well.

    His parole officer will more than likely force him to abide by a payment schedule, and threaten parole violation if he does not.

    If his parole officer will not cooperate, go to the courthouse, and file a suit for breach of contract, seeking damages for the full amount of the defaulted contract, plus your legal expenses.

    If the contract is sound, then you should have no problem winning. When you win, make the judge aware that he is on parole, so he can write up an order for payment. He may even be willing to write up an order for the parole agency to enforce or supervise payment. Failure to pay would be contempt of court, a criminal offence. His parole officer will have no choice but to enforce payment or violate his parole then.

    As a last resort, if the judge will not write up an order of payment, ask the judge to order the return of the vehicle and title, in the same condition as it was when he took posession. That will make him liable for any damages. He may also order payment for damages, vehicle wear and tear, and your legal expenses on top of that.

    Bob
     
  15. mary,tx

    mary,tx Well-Known Member Supporter

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    Big R.P.,
    What state are you in? In Texas, small claims court (I think it is administrated through the J.P. court) is not necessarily a second piece of paper that says that the money is indeed owed. As I understand: True, the court cannot enforce the judgement, but the county can help. You can essentially file with the county (not the court) for remedies including against real property. If he tries to sell real property, then your judgement has to be settled first. Also, property (not a homestead) can be auctioned as well as a claim against bank funds. I am not completely certain, since I am just now looking into this since I was sold a tractor that was mis-represented as to its condition. Try a Google on Small Claims Court plus the name of your state.

    Dale (dh of mary, tx)