Need legal advice please :(

jinos · 12-14-2009, 01:54 PM

Hi Pelicans. I was wondering if I could get some advice on my situation. 6 months ago at night I was warming up my 911 in my friends driveway and went to use the restroom. At that time my friend got into my car without permission and went for a drive. 2 minutes later he came back and the car was a mess. I had Tom Amon come by and found out he missed a shift and bent all 6 valves and needed a rebuild. Since he didn't have the money we signed an agreement of monthly installments. I did fix the car with my own money but now he's avoiding me and not paying. I finally got a hold of him and told him I would take him to court. His response was go ahead since he's laid off and has no funds. Some friend eh? He has no property and his car is not even in his name so there's is nothing I can get a lein on. What do I do? I even called small claims an advised there's not much I can do even if I win judgement. This really sucks. Especially finding out what type of friend I had.

Any help is greatly appreciated.

bklyn · 12-14-2009, 02:12 PM

Not an attorney by any means but have been in law enforcement for over 26 years, your problems appears civil, however if your friend did not have permission to use the vehicle that could be joy riding or even grand theft auto in some states. Maybe with a police report you might be covered by your auto insurance but again depends on your state laws, as far as a civil action yes you cannot get blood from a rock. Only my 2 cents but good luck.

McLovin · 12-14-2009, 02:12 PM

You have 2 choices, either pursue the claim or not.

If you take the first, you just forget about it. Maybe some day when he's flush he'll pay you back. Maybe not.

If you take the second, assuming it is below or close to the small claims limit, sue him in small claims court. The cost to do that is minimal, so there's nothing to lose. Once you get the judgment, immediately record it against all real and personal property.

After that is done, you have other options, but those are the first steps.

Winter · 12-14-2009, 02:22 PM

Given that you have a signed agreement, your case is very strong. Small claims courts in some states (CO for example) have limits on the damages you can seek. The benefit, however, is that it is cheap and easy to file a complaint and you can do so without professional legal advice.

The individual in question has no money now. But he will in the future. File a claim, get a decision against him (if he even bothers to show up in court) and then when he doesn't pay up, continue to put legal pressure on him. He doesn't care now, but when he does something dumb (well, he's already done something really dumb) like runs a read light and gets pulled over, he'll be arrested for non compliance with the court's decision. After he does some time in jail and is facing additional jail time, he'll be highly motivated to find the cash to get the matter resolved.

This may take a few years. Just remember that you are doing him a favor by teaching him about becoming a responsible individual. Even if he has to learn the hard way.

Good luck.

---

Tom '75 targa

McLovin · 12-14-2009, 02:28 PM

Quote:

Originally Posted by Winter

He doesn't care now, but when he does something dumb (well, he's already done something really dumb) like runs a read light and gets pulled over, he'll be arrested for non compliance with the court's decision. After he does some time in jail and is facing additional jail time, he'll be highly motivated to find the cash to get the matter resolved.

Unfortunately debtor's prisons were abolished a while ago.

dshepp806 · dshepp806's Garage

Too bad it involved the term "friend"....that can get complicated.

I can't think of a better Stephen King book rendition than having stood in your shoes that fateful morning...2 minutes to fuch-up a perfectly running engine...what kind of friend is that.

I guess you could get hard nose and report that the car was taken without permission (theft?).

Sad.....

Best of luck to you....

jinos · 12-14-2009, 02:38 PM

This really sucks because i know he got laid off but didn't even pay when he had a job. His girlfriend which is a good friend of mine offered but i said no thanks. What I really want is him to pay. It's sad because he's in his 30's, girlfriend supports him, car is under his mom's credit, and doesn't even have an education. The court said even though I win judgement there's nothing I can do since he owns nothing, can't garnish since he has no job, etc. I looked up the California laws for small claims and it's says the same. It says I can kindly ask verbally if he doesn't pay after judgement LOL. Serioulsy...

jinos · 12-14-2009, 02:41 PM

Even with a signed agreement I can't do anything since he has no money. I just wish the court can warn him (such as a warrant for not paying or something) but advised they can't due much unless he has a job or owns property.

McLovin · 12-14-2009, 02:42 PM

Quote:

Originally Posted by jinos

The court said even though I win judgement there's nothing I can do since he owns nothing, can't garnish since he has no job, etc. I looked up the California laws for small claims and it's says the same. It says I can kindly ask verbally if he doesn't pay after judgement LOL. Serioulsy...

That's not true, there are things you can do to enforce a judgment, other than "kindly asking."

Howard M · 12-14-2009, 02:56 PM

With a judgment against him, he will have to satisfy your claim before anyone will loan him money (like a bank). May take a long time, but eventually it will be in his best interest to clear the claim.

McLovin · 12-14-2009, 02:58 PM

And all the while, the judgment will be accruing interest at 10%.

jinos · 12-14-2009, 02:59 PM

Quote:

Originally Posted by McLovin

That's not true, there are things you can do to enforce a judgment, other than "kindly asking."

courtinfo.ca.gov.

This applies to all options in California for small claims. It is only possible if he owns anything or has a job which sadly he has neither. Thanks.

McLovin · 03:07 PM

There are lots of things you can do:

1) Record the judgment. If he ever gets real property in California, it will automatically attach to it. If he ever wants a loan, or to buy a house, etc., he'll have to come to you to clear it. There are countless scenarios in the future for why he would need to come to you to clear the lien and judgment.

2) Take his judgment debtor exam. You get to get into all of his finances. People hate that.

3) Some day, he'll get a job. You can then attach his wages.

4) Some day, he may get married. His wife may not be a deadbeat, and you can collect against his share of community property.

Etc. Etc. Etc.

Getting a judgment will cost you $35 and some of your time. Yes, if he has no assets now, and no job now, you of course can't collect anything from him, TODAY. But that doesn't mean you have no remedies (see above), and can NEVER collect on it. Once you get the judgment, it never goes away, until he pays or settles with you. You seem fixated on the concept that if you can't collect today, there is no value in getting a judgment. I don't understand that.

It's up to you whether that is worth $35 and some of your time,

RWebb · RWebb's Garage

1st - do not warm up the car - just get in and drive it

2nd - get another mechanic to look at the car

3rd - yes, a judgment can last 10, 20 years or more

you do need an attorney - your 'friend' will say you told him he could drive it; sig. forged; only signed under duress, etc.

also, this may constitute a tort called 'illegal conversion'

expect to pay the attorney $10,000 or so...

if you go to small claims, see what the cap is - you can still pay an atty for advice on an hourly basis, tho they cannot appear in small claims Ct.

you may need to hire a PI also if the guy skips town/state or otherwise drops off the radar screens

McLovin · 12-14-2009, 03:09 PM

no attorney, just sue in small claims on the written agreement, and live with whatever the result is.

ths911 · ths911's Garage

If you need the money, take the girlfriend's money and be done with it. You said she offered.

She'll make him pay in one way or another.

DanielDudley · 12-14-2009, 03:13 PM

The guy is a user. He is nobody's friend. Wait until he blows it, and ask his girl out. She is a stand up gal.

That'll learn him.

jinos · 12-14-2009, 03:30 PM

Thanks you guys. I know I won't be getting anything back as of now and been knowing this. I just wanted to know what else I can do. Guess I'll just have to wait after small claims. Thanks for all the advice.

NineOhOne · 04:39 PM

McLovin has the most accurate advice so far.

In California, judgments are valid for 10 yrs. and you can re-new for another 10 yrs. So, if he gets a job, buys a house or marries someone with a house (if he puts his name on it), you can lien/collect. You can also send copies of the judgment to the credit bureaus (you'll have his SSN after you do a "debtor exam"). So...he faces 20 yrs. of no credit cards, no car loans, no home loans, no school loans, etc., etc., etc.

Go to small claims, get the judgment and record it (one copy in your county, one copy in Sacramento). Check in on him every couple of years (Facebook? MySpace?) to see what he's up to. If he moves out of state, you can get a "sister state judgment" and record it in that state/county.

(Note: Very important...be sure to keep YOUR address updated with the court (in the file) where the case was heard. If he writes a check and submits it to the court, they'll hold on to the funds if they can't reach you. I found this out after contacting a judgment debtor five years later. They told me they paid the court. I went to the court and they cut me a check. I hadn't updated my address and the funds just sat there for 3 yrs.)

It may not be instant gratification, but you'll eventually get paid (unless your friend decides to remain an un-employed dirt-bag for the next two decades).

Good luck!

Quote:

Originally Posted by McLovin

There are lots of things you can do:

1) Record the judgment. If he ever gets real property in California, it will automatically attach to it. If he ever wants a loan, or to buy a house, etc., he'll have to come to you to clear it. There are countless scenarios in the future for why he would need to come to you to clear the lien and judgment.

2) Take his judgment debtor exam. You get to get into all of his finances. People hate that.

3) Some day, he'll get a job. You can then attach his wages.

4) Some day, he may get married. His wife may not be a deadbeat, and you can collect against his share of community property.

Etc. Etc. Etc.

Getting a judgment will cost you $35 and some of your time. Yes, if he has no assets now, and no job now, you of course can't collect anything from him, TODAY. But that doesn't mean you have no remedies (see above), and can NEVER collect on it. Once you get the judgment, it never goes away, until he pays or settles with you. You seem fixated on the concept that if you can't collect today, there is no value in getting a judgment. I don't understand that.

It's up to you whether that is worth $35 and some of your time,

magnuskgc · 12-14-2009, 06:36 PM

I am not sure about other states.. but here in NJ if you win in small claims court you can also apply to attach his wages... so IF he ever gets another job it will automatically come out of his check..... much in the way child support does.