Quote:
Originally Posted by REDCART
No experience with small claims court, but I'm curious. How do you enforce a judgement by the court? Are your options limited to a lien against the property or the business?
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I've been to small claims TWICE in my life. Both were in NY
not Fla. I won and collected both times.
You are correct that often times it is difficult to collect.
Once you have received the verdict in your favor, IN NY, you contact the Sheriff and he collects for you.
There are many books explaining how to sue in small claims court. The classic is,"Sue the Bastards." There is a bit of humor in that. In my first suit the judge had reason to be annoyed with the people I sued. He awarded me everything I could come up with, meals out, mileage on my car, etc to go to small claims court. I don't know if he was setting it up but, on top of my pile of notes was that book.
The type on the cover is like 1.5 inches high so he could easily have read it. The courtroom was more like a high school auditorium filled with the unwashed masses. THAT GAVE ME THE CHANCE TO SHOUt OUT THE TITLE OF THE BOOK. The judge told me to look at the inside jacket for the price ??????? 29.95 and he added that to the amount owed me. No one asked. I did n;t volunteer but I bought the book for about $1.00.
The other one was perhaps more similar to this issue. I called a repair guy for a small water leak in our heating plant. I got a quote of ?????? to arrive and ?????? $80 an hour. Paying him to drive over to me is reasonable. Sometimes that is quoted as a minimum charge. The repair took him 15 minutes ok so it is reasonable to pay him for an hour. He left me a non-itemized bill for $400. I called and spoke to him. He told me the part was ???????? I went to home depo the part is $18. I called the repair guy he agreed to send me a check for ??????? 200+ of course it never came. I sent him a note with paperwork for small claims court-my cost ??????? $20.00. He told me if I end the case he would send me a check for?????$200 I called hm about a week before our court appointment told him I still had not been paid and I have not stopped the case.
He is not the first dirt bag I've dealt with. He tried to tell me the check was lost in the mail. I've heard that one many times from people. My reply is it is strange that bills always get to me for checks-you need to fill them out SIGN THEM put them in an envelope put a stamp on them and drop them into the mailbox-same procedure as for a a bill.
I told him there is not enough time for a check to clear before the case. If, he chooses not to show up he will loose the entire bill. HE DROPPED OFF CASH AND I STOPPED THE CASE WITH A NOTE TO THE COURT THAT I HAD BEEN REFUNDED.
Assuming that the original post is correct that this guy is dishonest or even if he is not you need to be certain that the name of the business is correct. It may not be the same as what is on the invoice.