Has anyone been to small claims court before??

[Archea]

Hey all!
I think it may be time for a trip down to the courthouse...but I am not 100% sure on if its going to be worth while or not...

I was just wondering if anyone has been through the system before??

Essentally an individual owes me around 7-8K

Its just I dont know his recent place of resident (I believe his is living with friends) I got confirmation he is still working at the same place however, so I can serve him the papers there.....

I have tried settling this out of the courts, but the certain individual has seemingly dropped off the face of the planet, and only keeps in contact when it seems best for him.

I am just worried that regardless of if I get a court settlement or not, that he will default and try to run from paying me back....

Anyone done this before?

[97'Scort]

If you serve him with papers (or, rather, a deputy or attorney) and he fails to show for court, and you have a solid case, then the court can impose a ruling in his absence. You can win a lein against his property or even to have it subtracted from his wages at his work.

It's going to cost you a bit of money, but get yourself a lawyer and do it right, and if you have a good case you can win judgement for your legal fees too. $8k is a good chunk of change, I'd go for it.

[JRSC00LUDE]

And the pain of losing your car drags on.......good luck.

[Archea]

Originally posted by 97'Scort
If you serve him with papers (or, rather, a deputy or attorney) and he fails to show for court, and you have a solid case, then the court can impose a ruling in his absence. You can win a lein against his property or even to have it subtracted from his wages at his work.

It's going to cost you a bit of money, but get yourself a lawyer and do it right, and if you have a good case you can win judgement for your legal fees too. $8k is a good chunk of change, I'd go for it.

LOL
well...a) he has no property...and b) apparently he hasnt been showing up to work lately...but he is still employed at the same place. c) he has 2 court dates for battery charges and d) the asshole still has a key to my home

I know I am entitled to 30 minutes free legal council...maybe thats the best place to start?

[BananaFob]

If you're a student at UofC, you can get free legal advice... I've used them once before, they're not too bad.

Just so you know, most small claims cases have a scheduled date for mediation as well. Basically you sit there with the other guy and two mediators and try to settle it there before court. If he doesn't show up to that you will have a much stronger case.

[Archea]

Originally posted by BananaFob
If you're a student at UofC, you can get free legal advice... I've used them once before, they're not too bad.

Just so you know, most small claims cases have a scheduled date for mediation as well. Basically you sit there with the other guy and two mediators and try to settle it there before court. If he doesn't show up to that you will have a much stronger case.

Yeah I tried that whole mediation thing...my ex is one of those guys who says "yes...yes ...not a problem...sure" then never follows through.

[BananaFob]

Originally posted by Archea


Yeah I tried that whole mediation thing...my ex is one of those guys who says "yes...yes ...not a problem...sure" then never follows through.

If I remember correctly, you sign a binding document at the end of the mediation with what deal you agreed to. If he signed it and didn't follow through, hes fucked.

[eina15]

From what I understand, if you do get a judgement against him I believe it is enforceable for up to 10 years. So, he may not have any property now, but you can keep searching the Personal Property Registry and as soon as he does have title to something in his name, you can put a lien against it which would prevent him from selling.

[alloroc]

Get a lawer.

Sue for the 8k 'plus' your lawer fees.

[Archea]

Originally posted by eina15
From what I understand, if you do get a judgement against him I believe it is enforceable for up to 10 years. So, he may not have any property now, but you can keep searching the Personal Property Registry and as soon as he does have title to something in his name, you can put a lien against it which would prevent him from selling.

I was reading up online...and I think the best way would be to almost try to get his wages garnished....provides semi fast payment.

I hate that I am coming out like the bitch in this scenario....but...I guess when all else fails....grow a pair?? haha

[icecreamvan]

First things first: Change your locks.

[alloroc]

BTW.

This totally explains your angst against the editorial comments in the tuner mag.

[Speed_69]

Originally posted by icecreamvan
First things first: Change your locks.

exactly what i was thinking.

[Archea]

Originally posted by Speed_69

exactly what i was thinking.

Yeah but see I was renting with him...and his name is on the lease....

he hasnt paid me 2 months of rent...but I think you have to wait until 6 months before you can do anything

I am out at the end of the month. I found a place thats pretty nice downtown...I just have to pay to store his crap...which is

[syeve]

Originally posted by Archea


I just have to pay to store his crap...which is

I know a place you can store it; It's in bowness, in an alley, right behind the goodwill.

[eina15]

Originally posted by Archea


I was reading up online...and I think the best way would be to almost try to get his wages garnished....provides semi fast payment.

For sure, but the Property Registry is another option in case this guy doesn't like you garnishing his wages, and decides to quit his job, or do something for wages under the table. Also, I've read you can garnishee his bank account as well.....lots of options out there if you are willing to pursue!

I am really, really getting sick of people not manning up to their responsibilities, and not having to deal with any consequences of their actions - good luck and I hope he gets what is coming to him!!!!

[Big Dangerous]

Originally posted by Archea


Yeah I tried that whole mediation thing...my ex is one of those guys who says "yes...yes ...not a problem...sure" then never follows through.

I can come mediate if you want?

[G-ZUS]

Originally posted by Archea


Yeah but see I was renting with him...and his name is on the lease....

he hasnt paid me 2 months of rent...but I think you have to wait until 6 months before you can do anything

I am out at the end of the month. I found a place thats pretty nice downtown...I just have to pay to store his crap...which is

Don't pay to store his crap, Make a post in the marketplace lol. Sell it or give it away for free

[Archea]

Originally posted by Big Dangerous
I can come mediate if you want?

I personally want to try to mediate with my fists.

But what the hey....I could use a witness for the papers I drew up....

And yes legally I do have to store his things....I dunno for how long though. Which sucks because since he stuck me with a 1350 rent on my own....he owes me...selling some of his things would be nice.

[alloroc]

Originally posted by Archea


I personally want to try to mediate with my fists.

But what the hey....I could use a witness for the papers I drew up....

And yes legally I do have to store his things....I dunno for how long though. Which sucks because since he stuck me with a 1350 rent on my own....he owes me...selling some of his things would be nice.

With 'fists' is exactly what he was thinking.