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bobbygedd
03-22-2004, 11:52 AM
so, i have a court date set next week for this deadbeat who bounced a check back in july of 03. today i recieved a money order from him. it was the initial balance, plus all the late fees and interest, paid in full. he must have pooped his pants when the court sent him the letter for appearence. now, question is, do i still need to show up in court? i also planned on tacking on $40 additional for a visit to the police station 2 weeks ago, plus $200 for my court appearence. what do you think?

RedRock
03-22-2004, 12:38 PM
I'd take the money and move on, the time you'll spend on this anymore is time wasted that you could be doing estimates and landing profitable work...

KathysLGC
03-22-2004, 12:41 PM
I would call the clercks office and see if you still need to go in. If you do I would charge him for your time of going to the police and court. I'm sure after this he'll pay the fine. It cost you time to do everything on account of him so charge em.

GRT
03-22-2004, 01:07 PM
Originally posted by bobbygedd
so, i have a court date set next week for this deadbeat who bounced a check back in july of 03. today i recieved a money order from him. it was the initial balance, plus all the late fees and interest, paid in full. he must have pooped his pants when the court sent him the letter for appearence. now, question is, do i still need to show up in court? i also planned on tacking on $40 additional for a visit to the police station 2 weeks ago, plus $200 for my court appearence. what do you think?

unfortunately, this is one of those sunk costs you'll have to live with IMO. I'm glad you got your money, time to move on and not ever deal with this jerk again! I just don't think it's worth your time...especially if you lose (which I think you might) because he paid all interest and fees.

proenterprises
03-22-2004, 01:32 PM
i would give the state clerk a call and explain the matter, they may or may not be able to take you off the docket. if not, you will just go in before the judge, explain that all has been resolved (if you think it has), that case will be dismissed and youll be outa their.

grass_cuttin_fool
03-22-2004, 01:44 PM
If i didnt have to appear in court i would let it ride, you have all of the money and late fees and intrest. A judge may look at it and say well he paid before the court day and all of the late fee's and intrest and say thats enuff, then you will have wasted a day in court, just my 2 cents worth

bobbygedd
03-22-2004, 01:59 PM
well, i have news for you guys, i just called the court, i must still appear, and there will be a court cost assesed. so now, i'm gonna have to pay court costs?

STAN1366
03-22-2004, 02:00 PM
HMMMMM? Maybe don't cash the check and go to court and tell the Judge you didn't get anything. If this guy doesn't show up in court, maybe he'll get arrested? Why not call him an hr. before the court time and say "I'll see you in court tonight since you didn't pay up!" He'll sh@t himself and scramble over to court and sit there thru the last case and wonder why you're not there before he figures out what's gone on. When he calls you about it, you can tell him how he wasted your time and now you've wasted some of his! Guess that would be mean, huh? Take the money and move on. Glad you got your money. How'd you do w/ the guy who wouldn't pay for clearing his driveway?

STAN1366
03-22-2004, 04:40 PM
Originally posted by bobbygedd
well, i have news for you guys, i just called the court, i must still appear, and there will be a court cost assesed. so now, i'm gonna have to pay court costs?


Man! It just don't end, huh? Will the court allow you to pass the court cost to the client who's the reason you're there in the first place? Hope so.

dfor
03-22-2004, 07:26 PM
I had one just like this where they paid while the small claims suit was in the system. I didn't bother to show up and never heard anything form the courts.

topher924
03-22-2004, 07:30 PM
I would move on

1acreplus
03-22-2004, 09:52 PM
<b>ABSOLUTELY GO TO COURT</b> If you don't (and I speak from experience), this guy could show up and win by default. Then you'd owe him money. You can always tell the court that you've settled out of court and wish to withdraw the suit - but do it in person!

Runner
03-22-2004, 11:38 PM
Yes, the assesment of court cost will go against the the defendant. The case has already been filed. What they will do, is either charge him the court costs (most likely), or they will waive it, as he has already made restitution for occured monies owed. Chances are though, is they will have him pay the court costs, plus your filing fee. DEFinitely show up to court!

Runner
03-22-2004, 11:50 PM
This way, it won't end up as a default on your part. It won't cost you anything, and it will complete your suit. You will be addressed first, so you will have the first chance to speak. Tell the judge that in light of recent events (being paid), you would like to AMEND the judgement to just include the "relief", which basically means the filing fees, service of process, etc.. I hope this helps.

bobbygedd
03-23-2004, 07:15 AM
yes runner, it helps. i actually asked the lady, like WHY??? do i still have to show up? she told me this:" if you want to drop the charges, that's fine, the judge will want to know however, why you are dropping them. he wants to make sure you were not threatened or cohersed by the defendant , causing you to drop the charges. " so, you think i should ask the judge to have this fool pay my court costs? or you think he will automatically just make him ?

dishboy
03-23-2004, 09:34 AM
I would do what Runner says but I would not cash the money order until the judge determines final judgment.

Runner
03-23-2004, 10:56 AM
Oh, I FORGOT about this going in as a criminal trial! I was still thinking along the lines of a civil suit. Being a criminal hearing, DEFinitely show up!