monster
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Payback Ideas when someone owes you a lot of money
In a nutshell, about 9 months ago I sold an out-of-state customer about $8000 worth of goods and he refuses to pay me. An attorney has told me it would cost $5,000+ just to get a settlement and the likelihood that I'll be able to collect is minimal.
I sell furniture and this guy had been a good customer for about one year so I had extended him credit. He makes an order totaling about $8,000 then refuses to pay saying on different occasions 1) he never made the order, 2) he never received it, and 3) he received it but it was all damaged. This, despite having a Purchase Order and delivery confirmation from him. Having dug around I discovered he found another vendor and decided to screw me over and pocket the difference.
For a period of about 3 months I have called him daily and most times he did not pick up but the times when he did he threatened me, called me profane names, etc etc.
He's out-of-state and across the country. I spoke with an attorney and the attorney said fees are going to be about what the guy owes me, and there's little guarantee that I'll be able to collect not to mention there's no guarantee that the debtor is responsible for attorney fees.
I honestly think I'm out of the money now, which hurts a lot because $8000 is no small change. I'm at the point where I just want to make this guy's life miserable. I've invested a lot of time and energy into trying to collect that a few hundred additional more hours will be well worth the result.
Does anyone have any ideas on making this loser's life miserable?
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| 06-25-2014 10:06 AM |
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Quintus Curtius
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RE: Payback Ideas when someone owes you a lot of money
I'm surprised that your legal advisor said that it would cost upwards of $5000 to do this. Collection attorneys and firms usually work on contingency, meaning that they take a percentage of what they recover. You may have to pay a bit up front for filing fees, but $5000? Bullshit. They just don't want to take your case and are quoting you high fees as an excuse.
Frankly I call bullshit on that. It shouldn't be that much. You can find a decent collection attorney to file an action against him in the county where he resides in. In all likelihood, he won't contest it and you'll get a judgment against him. Then they can slap a lien on his assets or bank account, or pursue other aggressive collection activities against his fucking ass, like garnishing wages, or even haul him into court for a "debtor's exam" which is an examination under oath to see where his assets are. Debtors hate this, and it is a real inconvenience.
If you think he has your merchandise, look into a "replevin" action, which is a civil action to recover property.
In extreme situations, you might even be able to do the nuclear option in collections work: the involuntary bankruptcy. That is, forcing his ass into bankruptcy. This is very rare, but you never know...
And yes, small claims is also an option. But many counties have cap limits on what you can go after. In my county here, the limit is $5000. Anything above that, you need to go to District or Circuit court.
Good luck.
But at this stage you can at least refer it to a collection agency, which costs you nothing.
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| 06-25-2014 10:25 AM |
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The following 6 users Like Quintus Curtius's post:6 users Like Quintus Curtius's post
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el mechanico
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RE: Payback Ideas when someone owes you a lot of money
Give me his info and 4k if I collect.
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| 06-25-2014 10:30 AM |
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The following 12 users Like el mechanico's post:12 users Like el mechanico's post
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samsamsam
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RE: Payback Ideas when someone owes you a lot of money
(06-25-2014 10:25 AM)Quintus Curtius Wrote: I'm surprised that your legal advisor said that it would cost upwards of $5000 to do this. Collection attorneys and firms usually work on contingency, meaning that they take a percentage of what they recover. You may have to pay a bit up front for filing fees, but $5000? Bullshit. They just don't want to take your case and are quoting you high fees as an excuse.
Frankly I call bullshit on that. It shouldn't be that much. You can find a decent collection attorney to file an action against him in the county where he resides in. In all likelihood, he won't contest it and you'll get a judgment against him. Then they can slap a lien on his assets or bank account, or pursue other aggressive collection activities against his fucking ass, like garnishing wages, or even haul him into court for a "debtor's exam" which is an examination under oath to see where his assets are. Debtors hate this, and it is a real inconvenience.
If you think he has your merchandise, look into a "replevin" action, which is a civil action to recover property.
In extreme situations, you might even be able to do the nuclear option in collections work: the involuntary bankruptcy. That is, forcing his ass into bankruptcy. This is very rare, but you never know...
And yes, small claims is also an option. But many counties have cap limits on what you can go after. In my county here, the limit is $5000. Anything above that, you need to go to District or Circuit court.
Good luck.
But at this stage you can at least refer it to a collection agency, which costs you nothing.
QC is right. I helped a friend get some info and the agency I spoke to said the fee was 25% on what is collected. 40% on what is collected if they have to go legal. And since they are in the business of collections they have lawyers in house or a working relationship so I don't think their legal costs are as much as yours would be as a guy off the street.
Regarding forcing someone into BK, where I am I think you need 3 parties to do it. So if you can find a sufficient number of other creditors, you could do that.
Unfortunately, my cruel side is coming out. But if they guy has been disrespectful (and I hate that when they are clearly wrong and get defensive), then you put your foot on his throat. BK him. Then you have a good story to joke about but also use to warn others. All you need to do is light someone up once, a sacrificial lamb, and people will know better.
You don't even need to successfully complete the BK, just starting the process shows some nerve.
This is where my favorite expression comes to mind, "Do not mistake my kindness for weakness."
Punish him.
Fate whispers to the warrior, "You cannot withstand the storm." And the warrior whispers back, "I am the storm."
Women and children can be careless, but not men - Don Corleone
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(This post was last modified: 06-25-2014 11:06 AM by samsamsam.)
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| 06-25-2014 11:06 AM |
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The following 3 users Like samsamsam's post:3 users Like samsamsam's post
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Carlos100
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Posts: 928
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RE: Payback Ideas when someone owes you a lot of money
(06-25-2014 10:25 AM)Quintus Curtius Wrote: I'm surprised that your legal advisor said that it would cost upwards of $5000 to do this. Collection attorneys and firms usually work on contingency, meaning that they take a percentage of what they recover. You may have to pay a bit up front for filing fees, but $5000? Bullshit. They just don't want to take your case and are quoting you high fees as an excuse.
Frankly I call bullshit on that. It shouldn't be that much. You can find a decent collection attorney to file an action against him in the county where he resides in. In all likelihood, he won't contest it and you'll get a judgment against him. Then they can slap a lien on his assets or bank account, or pursue other aggressive collection activities against his fucking ass, like garnishing wages, or even haul him into court for a "debtor's exam" which is an examination under oath to see where his assets are. Debtors hate this, and it is a real inconvenience.
If you think he has your merchandise, look into a "replevin" action, which is a civil action to recover property.
In extreme situations, you might even be able to do the nuclear option in collections work: the involuntary bankruptcy. That is, forcing his ass into bankruptcy. This is very rare, but you never know...
And yes, small claims is also an option. But many counties have cap limits on what you can go after. In my county here, the limit is $5000. Anything above that, you need to go to District or Circuit court.
Good luck.
But at this stage you can at least refer it to a collection agency, which costs you nothing.
I believe you can do most, if not all of this yourself with help from a paralegal who will help you with the paperwork and won't charge very much. You might have to hire a paralegal in the dude's hometown to file the paperwork for you, but again doing it that way shouldn't cost that much.
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| 06-25-2014 06:16 PM |
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samsamsam
Innovative Casanova
      
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| 07-17-2014 02:12 PM |
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JustJay
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RE: Payback Ideas when someone owes you a lot of money
(06-25-2014 11:06 AM)samsamsam Wrote: (06-25-2014 10:25 AM)Quintus Curtius Wrote: I'm surprised that your legal advisor said that it would cost upwards of $5000 to do this. Collection attorneys and firms usually work on contingency, meaning that they take a percentage of what they recover. You may have to pay a bit up front for filing fees, but $5000? Bullshit. They just don't want to take your case and are quoting you high fees as an excuse.
Frankly I call bullshit on that. It shouldn't be that much. You can find a decent collection attorney to file an action against him in the county where he resides in. In all likelihood, he won't contest it and you'll get a judgment against him. Then they can slap a lien on his assets or bank account, or pursue other aggressive collection activities against his fucking ass, like garnishing wages, or even haul him into court for a "debtor's exam" which is an examination under oath to see where his assets are. Debtors hate this, and it is a real inconvenience.
If you think he has your merchandise, look into a "replevin" action, which is a civil action to recover property.
In extreme situations, you might even be able to do the nuclear option in collections work: the involuntary bankruptcy. That is, forcing his ass into bankruptcy. This is very rare, but you never know...
And yes, small claims is also an option. But many counties have cap limits on what you can go after. In my county here, the limit is $5000. Anything above that, you need to go to District or Circuit court.
Good luck.
But at this stage you can at least refer it to a collection agency, which costs you nothing.
QC is right. I helped a friend get some info and the agency I spoke to said the fee was 25% on what is collected. 40% on what is collected if they have to go legal. And since they are in the business of collections they have lawyers in house or a working relationship so I don't think their legal costs are as much as yours would be as a guy off the street.
Regarding forcing someone into BK, where I am I think you need 3 parties to do it. So if you can find a sufficient number of other creditors, you could do that.
Unfortunately, my cruel side is coming out. But if they guy has been disrespectful (and I hate that when they are clearly wrong and get defensive), then you put your foot on his throat. BK him. Then you have a good story to joke about but also use to warn others. All you need to do is light someone up once, a sacrificial lamb, and people will know better.
You don't even need to successfully complete the BK, just starting the process shows some nerve.
This is where my favorite expression comes to mind, "Do not mistake my kindness for weakness."
Punish him.
It's better to be a villain, than someone else's bitch.
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| 07-17-2014 02:52 PM |
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The following 1 user Likes JustJay's post:1 user Likes JustJay's post
samsamsam
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2Wycked
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RE: Payback Ideas when someone owes you a lot of money
(08-21-2014 12:03 AM)Glaucon Wrote: Pay a girl to say the guy who owes you money raped her.
Buy a bag of popcorn and sit back.
Old Chinese Man Wrote: why you wonder how many man another man bang? why you care who bang who mr high school drama man
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| 08-21-2014 12:24 AM |
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