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Thread: Small Claims Court

  1. #1
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    Default Small Claims Court

    Who has had to go through the process?

    I have an invoice that's been unpaid for >6 months. The responsible party will not respond to emails, texts, voicemails or facebook messenger, and I've sent the invoice at least four times to all available communication means. I don't have his home address, but am working on it and my next step is to send a letter, and invoice via certified mail to his home address. The last time he responded was a week after the event (when he answered his phone, and sounded more than willing to pay).

    Kicker is he is a lawyer, and his family owns one of the larger plantations on the coast so I know it's not a case of not having the funds to pay. I believe he is intentionally not responding, and trying to pull some BS, so I want to make sure I have my bases covered before I take it to the Magistrate. It's only 1k, so retaining a lawyer isn't practical (unless the magistrate can force them to pay fees?).

    Any thought on steps to take?

  2. #2
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    SSS
    “If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen.”
    -Samuel Adams

  3. #3
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    My wife and I own a small business and had a similar situation. We eventually claimed it as a loss on our taxes b/c lawyer fees and such were more than we were owed. We see the other party in passing every so often and they won't even make eye contact. It's a pissy situation when someone won't pay for the services you provide.

  4. #4
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    See if he has a lock nut on his rims
    "And ignoring people on here....that's like being home schooled. Just say you're not ready to face life." Highstrung

  5. #5
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    My wife is eerily good at tracking down a human being that owes her company money. Between Facebook and public records she's been surprisingly effective at finding people. Leverage your resources and hunt em down to send the certified letter. Hopefully you track em down.
    [SIGPIC][/SIGPIC]
    Delta in a nutshell: Breeding grounds + small wetlands + big blocks of grass cover + predator removal + nesting structures + enough money to do the job= plenty of ducks to keep everyone smiling!

    "For those that will fight for it...FREEDOM...has a flavor the protected shall never know."
    -L/Cpl Edwin L. "Tim" Craft

  6. #6
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    I would take it to the magistrate before I walked away for it, just the point of the thing

  7. #7
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    It could be worse, you could be 76 years old and they could owe you about $53,000. My FIL loaned someone who he has known for 38 years money to purchase a double wide and 10 acres. Needless to say he hasn’t seen a payment since Jan. of last year. All the meanwhile boats have been bought, vacations have been had, 4 wheelers have been bought and so on. Trying to do the right thing and take the legal route but every time I see them I just want to bitch slap them. My FIL is retired Airforce, retired from a surveying firm and now is disabled due to two massive heart attacks, he did nothing but try to help a family friend in need and this is how he gets shit on. SMDH.

  8. #8
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    Quote Originally Posted by pee dee View Post
    See if he has a lock nut on his rims
    Worse comes to worse, if you knew where his vehicle is you could follow em home. Problem solved.
    [SIGPIC][/SIGPIC]
    Delta in a nutshell: Breeding grounds + small wetlands + big blocks of grass cover + predator removal + nesting structures + enough money to do the job= plenty of ducks to keep everyone smiling!

    "For those that will fight for it...FREEDOM...has a flavor the protected shall never know."
    -L/Cpl Edwin L. "Tim" Craft

  9. #9
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    Do it. It's fun. And no, you won't be able to get your attorney's fees.
    Carolina Counsel

  10. #10
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    Quote Originally Posted by SCHUNTINFANATIC View Post
    It could be worse, you could be 76 years old and they could owe you about $53,000. My FIL loaned someone who he has known for 38 years money to purchase a double wide and 10 acres. Needless to say he hasn’t seen a payment since Jan. of last year. All the meanwhile boats have been bought, vacations have been had, 4 wheelers have been bought and so on. Trying to do the right thing and take the legal route but every time I see them I just want to bitch slap them. My FIL is retired Airforce, retired from a surveying firm and now is disabled due to two massive heart attacks, he did nothing but try to help a family friend in need and this is how he gets shit on. SMDH.
    That's just unsavory. Hope your FIL gets what he's owed. Assuming it's documented in some fashion, could he not file for lien against some of said property? I'm not sure how that works...
    [SIGPIC][/SIGPIC]
    Delta in a nutshell: Breeding grounds + small wetlands + big blocks of grass cover + predator removal + nesting structures + enough money to do the job= plenty of ducks to keep everyone smiling!

    "For those that will fight for it...FREEDOM...has a flavor the protected shall never know."
    -L/Cpl Edwin L. "Tim" Craft

  11. #11
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    yeah, hopefully there were papers drawn up for that loan

  12. #12
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    Sorry to her that B. Not uncommon in that profession. I have seen them stiff people for fortunes in the development business. A handshake with many respected practicing attorneys isn't worth a kiss from a snake when it comes time for them to honor their financial commitments. Scorpion/frog applies...

  13. #13
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    I have done small claims many times for tenant damage beyond the deposit- always won 100% and collected. Get the home address, get your documents in order including copies of e mails etc, go to small claims and file for $30-40 and the COPS will serve him a subpoena to appear. If he no shows- you automatically win and then file a lien on his property until paid, if he shows and the claim is legit- you win and file a lien.
    The person has already shown intent not to pay, ask the court to attach his property when you win so you won't have to repeat the process

  14. #14
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    If it is anything like orangeburg county you can file and send certified letter.... but ultimately all they will do is issue a judgment and more than likely you'll never see the money

  15. #15
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    Quote Originally Posted by SCHUNTINFANATIC View Post
    It could be worse, you could be 76 years old and they could owe you about $53,000. My FIL loaned someone who he has known for 38 years money to purchase a double wide and 10 acres. Needless to say he hasn’t seen a payment since Jan. of last year. All the meanwhile boats have been bought, vacations have been had, 4 wheelers have been bought and so on. Trying to do the right thing and take the legal route but every time I see them I just want to bitch slap them. My FIL is retired Airforce, retired from a surveying firm and now is disabled due to two massive heart attacks, he did nothing but try to help a family friend in need and this is how he gets shit on. SMDH.
    Not trying to be an internet badass here, like I did last week, but this is why motherfuckers better hope I never get diagnosed with a terminal illness.......
    Quote Originally Posted by Mars Bluff View Post
    Only thing we need to be wearing in this country are ass whippings & condoms. That'll clear up half our issues.

  16. #16
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    Much cheaper and more satisfying than small claims court is shooting the bastard with rubber buckshot and listening to them scream like the little bitch they are.
    Last edited by Bad Habit; 04-15-2020 at 02:56 PM.

  17. #17
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    I had a client I did work for for several years because he parents were clients. I was continually promised to be paid. Quite a chunk of change for me. Never paid a dime. Damn if you help people and don't get screwed. I don't think he paid his attoneys either.
    It's not enough to simply tolerate the 2nd Amendment as an antiquated inconvenience. Caring for the 2nd Amendment means fighting to restore long lost rights.

  18. #18
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    Quote Originally Posted by ReelHard View Post
    If it is anything like orangeburg county you can file and send certified letter.... but ultimately all they will do is issue a judgment and more than likely you'll never see the money
    This. A judgment isn’t worth the paper it’s on. If it’s a lawyer, he’s made a living by fuckery. Assets will be hidden. There will be a long line in front of you if it ever comes time to collect. I learned some hard lessons, my first couple of years in business. People will get you to do work with no intent of ever paying you. A lot of them live in big fancy houses, drive brand new vehicles and sit on the front pew at church.
    Last edited by FLS; 04-15-2020 at 03:36 PM.

  19. #19
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    Quote Originally Posted by willyworm View Post
    That's just unsavory. Hope your FIL gets what he's owed. Assuming it's documented in some fashion, could he not file for lien against some of said property? I'm not sure how that works...
    He can go get a judgment and then foreclose on their home if he is so inclined. I had a nice verdict that the Defendant wouldn't pay on. I foreclosed on his home. He paid it with interest right fast.
    Carolina Counsel

  20. #20
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    Embarrass him ....that works most times .... maybe make sure the bill gets to the plantation book keeper as well. I’ve had a few get pissed at me, but my response is always “don’t get mad at me because you owe me money and won’t pay”. Assholes
    “The price of freedom is eternal vigilance” - Thomas Jefferson

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