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View Full Version : How do I file for a small claim court ?


boatless
09-20-2005, 02:35 PM
I sold an item to a person, he only paid me half of the amount and told me that he will come back and paid me the rest. We drew up an IOU draft and both sign it. I have been contact him for what he owes me. After many excuses he has not return my call. What do I need to do to take him to a small claim court ? The amount we are talking about is $950.00. I live in Michigan and he lives in Colorado.

Thanks,

east tx skier
09-20-2005, 02:39 PM
Boatless, due to my job, I can't give legal advice, but this may help. Good luck.

http://www.consumeraffairs.com/consumerism/small_mi.html

ajgressette
09-20-2005, 02:49 PM
Itís a shame how people act these days. At one time in this country a loan could be secured with a verbal contract and a handshake. What happen to yesteryear?

I would slice every tire he had. Put rotten fish in his house and all his kinís as well.

An eye for an eye they say. Three limbs both eyes and a scalp I say.

Donít just get evenÖÖÖ..GET AHEAD!!
:headbang:

Ric
09-20-2005, 03:27 PM
Was the said amount for a Pontoon boat you have sold?

boatless
09-20-2005, 04:15 PM
No, it is not for a pontoon. I still have that, two pontoons and no MC :D . I sold some equipments to a person who replied to my ads. He stop by and pick up what he bought and decided to buy more than he brought the cash for. So he said he will either come back or send me the check for the rest of the amount. I did not feel comfortable at first, but then I notice that he own a business in Colorado so I said what the hek. He also gave me his driver lisence number, his cell and business phone number. I have never take any one to a small claim court before. Would hated jumping to a conslusion here, he could have been out of town or some thing.

Thanks everyone for all the info, that is really helpful.

Cary K.
09-20-2005, 04:19 PM
Or you could post all of that info on here and we can handle it internally, lol !!!

Andyg
09-20-2005, 04:23 PM
I would send him a certified letter requesting the money so you have documentation that he recieved it. Give him a specific time frame as to when the money needs to be in your posession. If he doesn'r respond or pay you then go into your local small claims court and pay the filing charges.

boatless
09-20-2005, 04:37 PM
Andyg,

After many phone calls and e-mail, which I still have records of it. I send him an e-mail about taking him to a small claim court and still no reply. He just stop returning my call or reply to my e-mail about the money he owes me completely.

CaryK,
What info are you refering to ? :D

Cary K.
09-20-2005, 04:41 PM
CaryK,
What info are you refering to ? :D

This info:


I notice that he own a business in Colorado so I said what the hek. He also gave me his driver lisence number, his cell and business phone number.

And my offer was serious and still stands. :cool:

milkmania
09-20-2005, 06:53 PM
a different discussion board I attend took maters into their own hands....
only one word I can think of...

relentless!!!:purplaugh

I'll see if I can find an excerpt, but it seems it even got down to death threats

found it
This message goes to all who immaturely left either threatening messages on my cell phone, or derogatory emails on my account. I do not appreciate it! To those who left polite messages encouraging me to do the right thing, I appreciate it!! Very thoughtful! I have been in England since May at a festival and did not know of any happenings regarding Marc or his girlfriend not receiving the Ipod I sold them. If I had, I would have taken proper action. Regardless of what took place, no one has the right to threaten me, or anyone in my family!!!! If Marc or Shayla had a problem it should have stayed between them, and me! From what my brother told me, Marc is a pretty easy going, nice guy to talk with and likes motorcycles too! And like I would have, my brother immediately took care of any dispute involving the ebay transaction. Had I known about this, I would have taken care of it when it first surfaced. I will be back in Boston on July 15th and am sure there is an explanation for why the item was never sent. I have there, the tracking numbers and everything else that you get after sending a package via USPS. As for those of you leaving threatening voice messages on my phone number, including phrases like "Your a dead man", " You f****d with the wrong person and will be dead soon as you hear this", " You wont wake up tomorrow", ďSay bye to your family, cause like you, they will be dead soonď...I cant believe how a cool guy like Marc can be involved with that s**t!! But my brother saved 23 of those messages, and wrote down every number that was on my caller ID. Cingular Wireless assured me this afternoon that the voice messages I saved, can be forwarded to them and will be traced and then forwarded to the Boston Police were I will file a claim when I get back on the 15th. Even every number that was marked PRIVATE, they didnít show up on my caller ID, but Cingular assured me that they can be traced and linked to messages that they might be associated with! I am not taking this lightly!!

I understand the inconvenience that Marc and Shayla had and if I were in there position, would most likely have done everything in my power to track a dead beat down too. But honestly, I am sure (judging by your emails and voice messages to me) some of you reading this are not the prize of society, so try to relate. Why would I have given my phone, email, address and everything else, over the phone in person, to someone I would rip off for $200????? Now I am an honest person, so maybe I donít understand, but to me, that would be a stupid move for a thief.
Anyway, Marc, I will be getting a hold of Marc first thing tomorrow (Saturday), and to those who have nothing to do with this, sweet website and have a good day! And to those leaving threats to me, and crap everywhere else. Stay in your own business!!! Leave me the f**k alone!!


Jeremy

needless to say, Marc got his money

erkoehler
09-21-2005, 12:35 AM
Somebody is going to be in trouble!!!

milkmania
09-21-2005, 01:41 AM
Somebody is going to be in trouble!!!

thinking either of two ways here.....
either I'm gonna be in trouble for killing another thread, or the members are gonna be in trouble for threatening him:(

either way, that thread was created in July, and the update is no one's had any cops coming up to their doors

boatless
09-21-2005, 09:00 AM
buttt but but, I just want my moneyyy... :cry:

bigmac
09-21-2005, 09:10 AM
Itís a shame how people act these days. At one time in this country a loan could be secured with a verbal contract and a handshake. What happen to yesteryear?

I would slice every tire he had. Put rotten fish in his house and all his kinís as well.

An eye for an eye they say. Three limbs both eyes and a scalp I say.

Donít just get evenÖÖÖ..GET AHEAD!!
:headbang:

I think you just answered your own question :rolleyes:



.

phecksel
09-21-2005, 11:26 AM
Itís a shame how people act these days. At one time in this country a loan could be secured with a verbal contract and a handshake. What happen to yesteryear?

I would slice every tire he had. Put rotten fish in his house and all his kinís as well.

An eye for an eye they say. Three limbs both eyes and a scalp I say.

Donít just get evenÖÖÖ..GET AHEAD!!
:headbang:
I entered into a contract with a former friend to buy his boat. He then declined to sell it AND refused to refund my deposit. Arbitrator ruled 100% in my favor and said he owed the money. Unfortunately the day we went before the judge, I made an absolutely horrible presentation and argument, assuming the judge would read the arbitrators decision, the judge was making several bad decisions that day, and it was the day my dad passed away, so I wasn't all there anyway. Judge ruled the contract said no refund, so it was no refund even if the A$$hole refused to sell the boat.

As it turns out, because of the former friends decision, virtually everybody that knew him and the situation refused to associate with him. His wife had previously complained about being lonely, don't think this helped their social life!

Enough whining, I ended up with a beautiful 197 that I absolutely love!

erkoehler
09-21-2005, 12:39 PM
thinking either of two ways here.....
either I'm gonna be in trouble for killing another thread, or the members are gonna be in trouble for threatening him:(

either way, that thread was created in July, and the update is no one's had any cops coming up to their doors


BOTH :eek: :D

boatless
10-18-2005, 02:13 PM
Well, Guys, I still needs help.

I live in Michigan and the guy that bought stuff from me lives in Coloroda. He came to my house to purchase the merchandise and went back to Colorado. I don't have his address, but I do have his cell number, his business phone number and his business address. He own his own business so who knows it might be his home address.

Anyway, I came to my local district court and file a small claim court. The clerk told me that since he lives in Colorado, I have to go to Colorado to file one. Huhhh !! Why would I have to do that ? Since the business was conduct at my house in Michigan, why do I have to go to Colorado to file for one ? I need more info here, could some one help me ? The clerk also told me that to ask a lawyer, but I thought lawyer are not permited in a small claim court.

If you want more info on why I am filing for a small claim court against some one, please read the first post of the topic. :D

Thanks,

M-Funf
10-18-2005, 02:57 PM
boatless,

Have you tried a collection agency? They are usually VERY persuasive in collecting money owed...although I have no idea how :rolleyes:

I was owed about 600 bux for a bike I sold to a "friend". He kept putting it off and putting it off. Then he started telling me that he already paid it :noface:

I called a collection agency. They took a percentage (I don't remember how much, but much less than it would have cost to go to court) and I got my money within a month :toast:

FWIW, even if you WIN in small claims court, they still may not pay you, and you'll have to go to a collection agency anyways...

Good Luck!

boatless
10-18-2005, 03:26 PM
M-Funf,

Huhmm ! Never thought of that, I will look into it.

You are right, even if I win. The other person will endup not paying anyway. The court will send me to a collection agency if he is not paying.

Thanks !!!

boatless
10-18-2005, 04:06 PM
Well,

I contacted a collection agencies, and they will handle the case. :toast:

Just a note, most collection agencies only do comercial and has a minimum amount of no less than $1000.00 dollar.

You have to look for the agencies that would handle private consummer with a minimum amount of $100.00 or more.

Cloaked
10-18-2005, 04:12 PM
No, it is not for a pontoon. I still have that, two pontoons and no MC :D . I sold some equipments to a person who replied to my ads. He stop by and pick up what he bought and decided to buy more than he brought the cash for. So he said he will either come back or send me the check for the rest of the amount. I did not feel comfortable at first, but then I notice that he own a business in Colorado so I said what the hek. He also gave me his driver lisence number, his cell and business phone number. I have never take any one to a small claim court before. Would hated jumping to a conslusion here, he could have been out of town or some thing.

Thanks everyone for all the info, that is really helpful.Good luck...

lakes Rick
10-18-2005, 08:41 PM
Good luck...


Yes, and I hope you learn from this...... You arent the bank...

RickDV
10-18-2005, 09:44 PM
You may want to check into a Dispute Resolution Center. They can often help you out in cases like this without going to court. They do not charge for their services. My wife has been trained as a mediator with the Dispute Resolution Center of West Michigan (see their web site) (http://www.drcwmich.org/). If you live in the area you can contact them for more information on their services.

I am sure there are other dispute centers throughout the country. Google could help you out finding them.

Best of luck.

boatless
10-19-2005, 09:35 AM
Yeah, after this is all over. Getting the money or not, I'll treat people differently. Doesn't matter how nice or nasty people are, I'll say cough up the money or get the hell out of my house !!!! :rant:

Thanks every one for all the info. It is really helpful. I'll let you know how it turn out.

RickDV,
Thanks, I'll look into that. It might help me also.