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View Full Version : Anyone ever had to take somoneone to court?


Spartan Pride
11-11-2008, 09:03 PM
I recently actually had to take a client to court over non-payment. Pretty sad and I didn't want to, but they were flat out lying to me about having the money.

With the economy taking a downturn, you'd like to be understanding, but deception is just not something I can put up with.

Anyway, it wasn't for that much, just wondering if anyone has had a similar experience. Oh and we won the full judgment in case anyone was interested.

Mike33
11-11-2008, 09:10 PM
I have a judgement against a womens property for $400.00 and will keep increasing every year. She had me level up for a swimming pool and said she was short and would pay in 2 weeks. 2 weeks went to 4 months, i contacted a local collection thru my attorneys office. Deal is they keep 1/3 collected did all the dirty work. I didn't even have to show up in court, got a lien against her property. That means if she wants to sell or borrow more money i will get paid. Also company will keep on picking at her in the legal way because they dont get paid until i do. I have to stop at a red light in front of her house almost every day and it pissed me off to take action for this kind of money.
Mike

nobagger
11-11-2008, 09:19 PM
My court day is this coming Monday. This lady is into us for 1000.00. Her actual bill was well over 100 bucks LESS than her estimate with additional work :confused: My original court date was 1 month ago but she continued it to form a defense. One question, did you get payment in full right after or did the Judge arrange payments?

Spartan Pride
11-11-2008, 09:31 PM
They way it works where I'm at(Michigan). They give the person 21 days to pay via a check in the mail. After that, I have the option to go to their employer to garnish wages or to the bank where they have their savings.

Not sure how tricky that part is, but hopefully it won't come to that.

My advice for your case is to just come prepared with all documentation and anything else you can use. Being well prepared is important in establishing credibility. I'd even bring a list of satisfied customers or whatever you can get your hands on.

nobagger
11-11-2008, 09:42 PM
I'm pretty well prepared. I have all of the letters, estimats/bill etc. I didnt think of a list of saticfied customer's. I just think mine is going to be a simple in and out thing but you never know. Thanks.

Spartan Pride
11-12-2008, 04:05 PM
Anytime. Be sure to let us know how it turns out. Best of luck.

ARGOS
11-12-2008, 07:50 PM
I have been to court twice. I won both cases. Obviously I was in the right position. In both cases I brought a copious journal of events in chronological order. I kept it to the events and conversations and avoided my personal opinions and/or insights. The events and conversations speak for them selves if they are accurate. Both times the judge thoroughly looked over my journal. In one of the cases I brought a witness. I have several friends that are attorneys and they say that 90% of the time people incriminate themselves. Don't volunteer more information then necessary to make your point.

Mike33
11-12-2008, 09:54 PM
The problem i had was this women was a dead beat. I didn't know it at the time but she did this to every one. You can win a judgement easy but collecting is another thing. She runs a day care business and probably files a business loss so how do you draw blood from a turnip. I left the collection agency do the legal work and 1 day i will get 2/3 of what was owed to me.
mike

Spartan Pride
11-12-2008, 10:02 PM
I have several friends that are attorneys and they say that 90% of the time people incriminate themselves. Don't volunteer more information then necessary to make your point.

Exactly. I presented my case and I was short and sweet. I thought the guy was a jerk, but I kept it strictly business. Just presented the facts and that was all. He on the other hand called my associate a thug and a bully (just because he called him a few times a week trying to figure out where our money was).

The magistrate was not thrilled at his name calling and it hurt his credibility while making us look good. He also proceeded to contradict himself on several other points. You'll do just fine.

topsites
11-12-2008, 10:32 PM
No but I have to go next week for driving on expired registration,
there wasn't much I could do since the other vehicle is expired too,
so does that count?

Turboguy
11-13-2008, 06:32 AM
Sure it counts. $ 100, $ 200, maybe $ 300. I have a feeling the judge will get more out of you than some of us who take deadbeats to court for non payment.

I have found the same. Winning a judgement is easy, getting the money not so easy.

Mike33
11-13-2008, 09:29 PM
Different case

Mike33
11-13-2008, 09:30 PM
Sure it counts. $ 100, $ 200, maybe $ 300. I have a feeling the judge will get more out of you than some of us who take deadbeats to court for non payment.

I have found the same. Winning a judgement is easy, getting the money not so easy.

Thats my point in my post. It takes a lot of patience.
mike

nobagger
11-13-2008, 09:46 PM
Anytime. Be sure to let us know how it turns out. Best of luck.

She got yet another continuence WTF!!!!!!! this is the second now its pushed back to December 8th. I'm calling tomorrow to how and why she can do that!

ARGOS
11-13-2008, 10:05 PM
Sorry to hear that nobagger. What a bummer.

BTW you sig makes it hard to read your post. Just a thought.

Spartan Pride
11-13-2008, 11:50 PM
Sorry to hear that. You'll get her in court eventually.

TSGVA
11-23-2008, 01:00 PM
Unfortunately, we have had to take two people to court....on totally different circumastances. The first was a client that failed to pay us the final $5100 on the project that was executed on time and on budget and according to our design. LONG story short, we sued for the exact amount due (no interest, penalties, etc.....just the honest balance). Amazingly, she filed a counter claim out of the blue with over a dozen bogus accusations, not one of which holds any water. Actually some of them are hilarious, but you have to keep cool.

Like an idiot, I didn't put the fine print about legal fees, etc. into our contract (this was over two years ago), so I am responsible for for these costs. We had our court date about 6 months ago, won full judgement and every one of her claims was thrown out. We WON! Nope. She amazingly was able to appeal, costing even more legal fees. Now it's to the point where I am out the $5000 in legal fees and I may not even see the money she owes us.

I have lost a lot of sleep over this and I have learned a lot about legalities already. Our contracts are now iron clad. Yes, it looks a little scary to new clients, but you may just have to explain that it's business, protecting you and them.....nothing personal.

We have a new court date for early February '09 with a new judge...starting all over. How sad is this?

Our other lawsuit occured when a random guy that lives 30 minutes away decided to start a landscaping business with OUR COMPANY NAME. Unbelievable and totally uncreative?! We have over 2 years in commerce longer than him and our name is Service Marked in our state with the State Corporation Commission. We have sent numerous kind letters for him to cease the use of this name. With no replies, we had to take action.

I don't like suing people, but this is rediculous. We have the same suppliers, he is well within our service area, and people have already gotten confused. Talk about detrimental!! So, it's on. Anybody have anything like this???

fl-landscapes
01-22-2009, 11:29 AM
Unfortunately, we have had to take two people to court....on totally different circumastances. The first was a client that failed to pay us the final $5100 on the project that was executed on time and on budget and according to our design. LONG story short, we sued for the exact amount due (no interest, penalties, etc.....just the honest balance). Amazingly, she filed a counter claim out of the blue with over a dozen bogus accusations, not one of which holds any water. Actually some of them are hilarious, but you have to keep cool.

Like an idiot, I didn't put the fine print about legal fees, etc. into our contract (this was over two years ago), so I am responsible for for these costs. We had our court date about 6 months ago, won full judgement and every one of her claims was thrown out. We WON! Nope. She amazingly was able to appeal, costing even more legal fees. Now it's to the point where I am out the $5000 in legal fees and I may not even see the money she owes us.

I have lost a lot of sleep over this and I have learned a lot about legalities already. Our contracts are now iron clad. Yes, it looks a little scary to new clients, but you may just have to explain that it's business, protecting you and them.....nothing personal.

We have a new court date for early February '09 with a new judge...starting all over. How sad is this?

Our other lawsuit occured when a random guy that lives 30 minutes away decided to start a landscaping business with OUR COMPANY NAME. Unbelievable and totally uncreative?! We have over 2 years in commerce longer than him and our name is Service Marked in our state with the State Corporation Commission. We have sent numerous kind letters for him to cease the use of this name. With no replies, we had to take action.

I don't like suing people, but this is rediculous. We have the same suppliers, he is well within our service area, and people have already gotten confused. Talk about detrimental!! So, it's on. Anybody have anything like this???

just so you know I think the law states that if you win a civil judgment against someone your legal fees are automatically included in your settlement. Chack it out if it's not to late

STRINGALATION
02-10-2009, 01:11 PM
well i'm struggling and have someone who owes a true balance of 180 for cuts. i stopped early on but met with the guy and talked so i picked up services. never heard from again. so i'm kinda pissed. you guys make me feel like it is not worth pursuing and net to treat it like sunny sad in A BRONX TALE. it cost me 180 to get rid of a bad customer. can i make a threat to the customer that if we go tocourt there is a few that makes it a little more like a deliquent chage of 80 bucks or something

allinearth
02-10-2009, 08:53 PM
Do not let these people get away with not paying. They will continue to do it. File small claims if its not that much. Pretty easy to do and not expensive. If you do enough work eventually you will end up in court. I have been 3-4 times. The biggest was 25k. Took a year to go to court and I didn't like it but I got the money that was rightfully mine. These dead beats need to be taught a lesson.

nobagger
02-10-2009, 09:04 PM
Sorry to hear that. You'll get her in court eventually.

I finally had my day in court after a second continuance....she never showed up! BUT the Judge said she still had 30 days to appeal that! Holy no rights Bat Man! She has about 8 days left to pay up. This has changed the entire way I do final billing, collecting the balance half way through the job just like the guys did who poured my new patio.