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-   -   Private debt collection...any good ideas? (http://forums.pelicanparts.com/off-topic-discussions/419039-private-debt-collection-any-good-ideas.html)

Drdogface 07-09-2008 07:58 PM

Private debt collection...any good ideas?
 
There is a Calif. Pelican (who shall remain nameless for now) who owes me five thou. Shame on me for making the loan but I trusted him. All I get is words, promises and excuses and no money for over a year. Yeah I was dumb but won't be again. It may be lost money and if that becomes clear he won't remain nameless anymore.

Actually the debt is $5500 now with the interest. Anyone have any good ideas how to get this guy to make it good? I dunno if debt collection companies take on this kind of debt...yes, there is a signed contract.

My first bad experience with a Pelican :(

Danny_Ocean 07-09-2008 08:05 PM

Small Claims Court and pronto! Once you get the judgment, you can sell it to a collection agency (at a discount). To me, that's better than goose-eggs...

stomachmonkey 07-09-2008 08:06 PM

You'll give up up to a 1/3rd for their services.

Was the deal pay back in full at once? Try a payment plan?

Any assets like a P Car he can sell to make good?

Know where he works/lives? Sit outside with a sign explaining the situation.

What was the money to be used for?

Anything you can get a mechanics lien for?

Drdogface 07-09-2008 08:21 PM

Good suggestions...thanks. Will consult with the Court tomorrow.

Gogar 07-09-2008 08:47 PM

Any Italian cousins in your family? :)

Drdogface 07-09-2008 08:51 PM

I wish my father in law were still alive .... he was well connected.

the 07-09-2008 08:57 PM

+1 on small claims, as soon as possible.

Once you get a judgment, there's lots of ways you can put pressure on him, and to try to enforce it.

For example, you can take his judgment debtor exam. He has to show up at the court, and under penalty of perjury answer ANY questions you have about his finances, job, etc. It is very invasive. You can get form lists of questions on the internet.

Also, if he works, wage garnishment is effective.

If he owns a house, that's great, you record a lien against it.

Lots of things you can do, and do by yourself. But the first step is to get a court judgment.

Porsche-O-Phile 07-09-2008 09:17 PM

What's the $ limit for small claims? $5k might be too much, but I'm not positive.

EdT82SC 07-09-2008 09:35 PM

In California it's at least $12K. My brother in law won a small claims judgment against L.A. County for about that much last year.

Nathans_Dad 07-10-2008 12:51 AM

Tell Shaun to pay up, now!!

KFC911 07-10-2008 03:33 AM

Aha...another "social experiment" :). Seriously DrD, that sucks bigtime even if he does pay up eventually...WTF is WRONG with some people :(!

ps: IMO, this "character" (or rather, his total lack thereof) should be made public anyways.

MRM 07-10-2008 04:37 AM

Try handling it yourself for a bit. Take the case to small claims court. You get your judgment, then you docket it (it's not too hard, even for a do it yourselfer) and then you're ready to place liens on property, garish wages, or grab bank accounts. Once you get the judgment it's all a matter of paperwork and finding assets to levy against. Go a little ways down this road. If you get tired, just do what Danny suggested and sell the bad debt to a professional.

onewhippedpuppy 07-10-2008 04:46 AM

I find a bat works well.:D

Drdogface 07-10-2008 05:00 AM

Quote:

Originally Posted by Nathans_Dad (Post 4051821)
Tell Shaun to pay up, now!!

I know you're joking but...nope. Not Shaun.. :D

Rot 911 07-10-2008 05:06 AM

Small claims court is really your best way to go. Like was previously posted, once you get a judgment you can garnish wages, seize bank accounts, etc.

onewhippedpuppy 07-10-2008 05:12 AM

In KS, I think the limit on small claims court is $1k. Depending on your local laws, you might be beyond that.

Christien 07-10-2008 05:20 AM

$1,000? Wow, that's the lowest I've heard of. Here it's $10K.

onewhippedpuppy 07-10-2008 05:20 AM

I think that's what it used to be at least. I could be wrong.

lendaddy 07-10-2008 05:23 AM

I have a guess but I'll keep it to myself.

If this "calling out" doesn't work (but I suspect it will), then follow the advice above.

asphaltgambler 07-10-2008 05:24 AM

Quote:

Originally Posted by the (Post 4051711)
+1 on small claims, as soon as possible.

Once you get a judgment, there's lots of ways you can put pressure on him, and to try to enforce it.

For example, you can take his judgment debtor exam. He has to show up at the court, and under penalty of perjury answer ANY questions you have about his finances, job, etc. It is very invasive. You can get form lists of questions on the internet.

Also, if he works, wage garnishment is effective.

If he owns a house, that's great, you record a lien against it.

Lots of things you can do, and do by yourself. But the first step is to get a court judgment.

You've waited long enough....................assuming the time frame has expired. Do this now.


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