small claims court??

[deportes]

Have a ex friend that ows me 1k from 2 years ago. gave him 1k plus a motorcycle, in exchange for a boat.
make a story short. the boat transom was no good and it took water, tried fixing it but two weeks later it wasn't repaired, the repair it neede was more than what the boat is worth 2.5K. talked with him and his wife they agreed to cancel the deal.
but they had spent the money. two weeks later they split.
he said he was getting a loan more than once. the fact is I have not recieved the money.
any experience with small clamis court? will the judge say too bad.

 

[Wilson]

Hopefully you have something in writing...because the judge will throw it out real fast if there is no paper trail.

 

[bubbas1]

I went to small claims court about 6 yrs ago to get back my deposit on an apartment. I was expecting the judge to ask all the questions but thats not how it worked. You go in and sit at your own table and both sides get sworn in. You ask all the questions to the person you are suing. You ask anything you want to bolster your case. Then its the other parties turn to ask you questions. You can bring in witnesses and ask them questions and they also get cross examined. All the judge does is sit there and listen. When its all over he makes a ruling. Whoever loses can appeal the decision. Thats what happened to me when the other guy lost. You get to go thru it all over again in front of another judge. Same set-up about asking questions. I Perry Masoned his azz and won again. The judge told him he should pay up real quick or I could put a lien against his house. He wrote the check right there.

One more thing..make sure you sue for court costs also. That way you get your money back for having him served and filing the paperwork.

 

[SixFive]

winning at small claims court and getting a judgement for X dollars is easy (the defendant probably won't even show up and you'll essentially win by default). Collecting on your judgement is hard! The common misconception is that once you "win" or get a judgement, you'll get the money you are owed. However, it does not work that way. The court does not enforce judgements, you are on your own to collect in whatever way you can. If the person doesn't want to pay you, many times, that's just tough stuff for you! This is ESPECIALLY true on garnishing wages. Most of the deadbeats that actually have a job where you could get to wages already owe 3 other people ahead of you, or they make so little there is nothing to garnish. If only it were as simple as the People's Court!

 

[deportes]

thanks guys, the person actually works full time where I work. I have a document after the fact that he signed but I have no witnesses, also he responded some emails with regards to getting a loan to pay me back and I have a check number of the money I gave him. Hopefully the court sees it my way.