Small claims court

[cookinbrak]

Bought a car, motor was messed up, guy ghosted me. Went to file papers today, found out that even if I win a judgement, I can't collect unless he wants to pay me.

[LinvilleGorge]

Was their any kind of warranty or was it "as is"?

And yeah, winning a settlement in court and actually collecting on that settlement are two entirely different things.

[toldozer]

4 hours ago, cookinbrak said:

Bought a car, motor was messed up, guy ghosted me. Went to file papers today, found out that even if I win a judgement, I can't collect unless he wants to pay me.

Really?  I need to make a claim against a wedding venue that stole 7k from us

[Doc Holiday]

On 12/29/2022 at 6:09 PM, cookinbrak said:

Bought a car, motor was messed up, guy ghosted me. Went to file papers today, found out that even if I win a judgement, I can't collect unless he wants to pay me.

Hey, so this is kinda my area of expertise, if you win, you will have a judgement against him. which will accrue interest of around 8% annually. If he files a tax return or wins a large sum of money in a settlement the court could intercept those funds to satisfy judgement.

Otherwise unless he pays you probably wont see much of the money. but this would also affect his credit score some if they are someone who cares about that, they may actaully try to pay it off. 

Edited January 2, 2023 by Doc Holiday

[4Corners]

On 12/29/2022 at 10:37 PM, toldozer said:

Really?  I need to make a claim against a wedding venue that stole 7k from us

That is some bullshit right there. I hope you sue the F out of them 

[toldozer]

14 hours ago, 4Corners said:

That is some bullshit right there. I hope you sue the F out of them 

Postponed once and they were fine. Then we needed to postpone again because new York where all my wife's family lives was on lock down including her dad who works for the state and he would be immediately fired if they found out he left the state.  Told us she wouldn't move it again and there was no reason we couldn't have the wedding in August of 2020 without any of my wife's family there.  Then agreed to move to March of 2021 but said the outdoor tent that was included was no longer included and oh by the way all my prices went up and wanted us to sign a new contract.  NAH bitty.  I've been too lazy to file the paperwork. I have until like July of this year.

[Anybodyhome]

My suggestion would be to ask a lawyer recommended by a friend or someone you know to write a letter essentially threatening them with a lawsuit if they didn't make it right.

Then I would advise the venue you have obtained legal counsel, you want to give them another opportunity to do the right thing, and, if necessary, an avenue along the lines of a lawsuit would probably commence. There's always the local news "5 On Your Side" thing as well as Google and all sorts of other online reviews, FB posts, etc. which could really kill business for them.

You have a lot more weapons than you think. Just need to commit a couple hours a day to make calls, post negative feedback, etc.

[toldozer]

We talked to an attorney way back and they basically said take them to small claims. They breached the contract and owe you a refund. Just been lazy because I don't want to go to court. We will blow them up everywhere after court lol

[cookinbrak]

If the judge rules in your favor, you still have to collect. You can't make them pay.

https://www.nccourts.gov/help-topics/lawsuits-and-small-claims/small-claims

Quote

Can I be arrested for not paying a judgment?

A party will not be arrested for failing to pay a judgment ordered in small claims court.

Will my wages or public benefits be garnished to pay a judgment?

No, North Carolina does not allow a winning party to garnish the other party’s wages or public benefits, except in child support cases.

 

[cardiackat88.]

This is a great question and I was about to make a post pertaining to situation I am in.

Basically hired this total scumbag to come and do "work" at my house.

He charged and obnoxious amount and sent a very undetailed bill.

At one point, his employee asked me to pay 3K-5K with effing Venmo.

He is asking for about $3.5K but it just does not feel right.

I DID NOT sign ONE single document before or after this all started.

[Shocker]

You are fugged.  With the amazing scams going on these days this is small time stuff.  After it’s sold it’s yours.  
 

This happened to me and a bit of advice.  Be careful about trying to get this car fixed.  There is a reason they didn’t fix it themselves.  Don’t sink money into it now.  

Edited February 7, 2023 by Shocker

[cookinbrak]

When I went to get the van, it was gone. Now the sherriff dept is involved.

[Fryfan]

13 hours ago, cookinbrak said:

When I went to get the van, it was gone. Now the sherriff dept is involved.

What - so this was the vehicle with the messed up motor?  Did the guy you buy it from still have keys?

 

 

[Fryfan]

On 1/5/2023 at 11:07 AM, toldozer said:

Postponed once and they were fine. Then we needed to postpone again because new York where all my wife's family lives was on lock down including her dad who works for the state and he would be immediately fired if they found out he left the state.  Told us she wouldn't move it again and there was no reason we couldn't have the wedding in August of 2020 without any of my wife's family there.  Then agreed to move to March of 2021 but said the outdoor tent that was included was no longer included and oh by the way all my prices went up and wanted us to sign a new contract.  NAH bitty.  I've been too lazy to file the paperwork. I have until like July of this year.

Weddings are big business and without knowing specifics I feel like you may be screwed with this, they postponed for you but I am sure the contract covered with postponing pricing and includeds could change.