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-   -   Messed Up Situation (http://www.njfboa.org/forums/showthread.php?t=51657)

KirkEvil 07-09-2010 11:27 AM

Small claims court date set for July 29th...in NJ.

Whiplash Performance 07-09-2010 11:43 AM

Quote:

Originally Posted by KirkEvil (Post 715131)
Small claims court date set for July 29th...in NJ.


Sweet!

LTb1ow 07-09-2010 05:14 PM

JSFBOA july meet!

Frosty 07-09-2010 05:35 PM

Judge Judy is the **** lol That would be beyond epic if you were to do that lol

zuuhlsT/A 07-09-2010 05:35 PM

Cracks me up that he has his Mom sticking up for him.... Good luck in court dude. Hope it works out....

sweetbmxrider 07-10-2010 10:14 AM

best of luck bro, hopefully he shows.

HeadlessNorseman 07-10-2010 10:20 AM

Good luck! people like that ruin this hobby and give everyone involved a bad name as far as im concerned. So let him burn

WildBillyT 07-10-2010 10:20 AM

Quote:

Originally Posted by sweetbmxrider (Post 715271)
best of luck bro, hopefully he shows.

Agreed!

NJ Torque 07-10-2010 05:22 PM

Warrant will be issued if not?

NastyEllEssWon 07-10-2010 05:39 PM

or a default judgement will be made in kirks favor and the kid will have so many days set by the judge to pay him and the court costs. if he fails to comply a bench warrant will be issued for him. thats my understanding of it

WildBillyT 07-10-2010 05:40 PM

Quote:

Originally Posted by NJ Torque (Post 715317)
Warrant will be issued if not?

Not sure. But it's an automatic win for the plantiff, usually.

Frosty 07-10-2010 05:52 PM

Quote:

Originally Posted by NJ Torque (Post 715317)
Warrant will be issued if not?

No, this isn't a criminal matter...just a default judgment like Nasty said.

Squirrel 07-10-2010 06:13 PM

even if he does win thats not a guarantee hes gonna get his money, it just helps

FlyingDutchman 07-10-2010 10:43 PM

Quote:

Originally Posted by WildBillyT (Post 715320)
Not sure. But it's an automatic win for the plantiff, usually.


Yeah, but i believe you don't get the full amount of money back.

LTb1ow 07-11-2010 09:12 AM

Quote:

Originally Posted by Squirrel (Post 715328)
even if he does win thats not a guarantee hes gonna get his money, it just helps

Well then it goes to the next claims court step and they can get his financial stuff and begin o garnish wages etc.

V 07-11-2010 12:13 PM

if he doesn't show to contest it, a judgment is found in your favor, and basically says he owes you you're full amount.

at that point that part of small claims court is done. Then after a few days i think it is or before a certain number of days, you file with the county to have them collect for you. Basically they will issue the judgment in person, or by his local sheriffs office, and he will be told he has certain number of days to make payments. In this step, you add in all court fees, and they will add in their additional fees. Then u just sit back and wait. Every month you should receive a check from the state/county until you total is reached. At that stage is when they can garnish wages or seize property etc.

i sold a car back in 2000 for $800... i got 200 down and trusted him to pay the rest off weekly... he never did so i took him to small claims court for the remaining 600. he didnt show. judgment was in my favor then, and the next day i went to his job and told him. he said he didnt care about what the judge said and he wasnt paying. the following day or so i filed to have the county collect and few weeks later received my first check. i got 3 checks each for 250 about. i got back my 600 plus fees and other stuff. On top of that the checks showed each payment was like 330... and the state/county got like 80 a month for collecting. in the end, he ended up paying about 1200 for the car.

Mike 07-11-2010 12:58 PM

he doesnt have to show up... he just has to have a representative show up. he can hire a nj based lawyer to attend the hearings

Jersey Mike 07-11-2010 05:25 PM

^^ this.
You'll get your money... the real issue now is how long will it take

NastyEllEssWon 07-12-2010 03:51 PM

http://i71.photobucket.com/albums/i1...g?t=1278967802







i got this in a pm today on one of my for sale threads on ls1tech. not sure if i should try to rip him off back or if i should tell him that he can pick them up while he's in town for his court date :nod:

BonzoHansen 07-12-2010 03:57 PM

Add what kirk is owed as 'handling' and you pay kirk!

sweetbmxrider 07-12-2010 04:10 PM

Quote:

Originally Posted by NastyEllEssWon (Post 715624)
i got this in a pm today on one of my for sale threads on ls1tech. not sure if i should try to rip him off back or if i should tell him that he can pick them up while he's in town for his court date :nod:

actually, if you wanna be really cool you could have him pay in a personal check. that way, you get his account number and kirk can put a stop payment on the account until he gets his monies!

NastyEllEssWon 07-12-2010 04:30 PM

Quote:

Originally Posted by sweetbmxrider (Post 715631)
actually, if you wanna be really cool you could have him pay in a personal check. that way, you get his account number and kirk can put a stop payment on the account until he gets his monies!





pm sent :nod: thanks for the idea.


Quote:

sure ill sell just one. what were you thinking. as for payment options right now my paypal is frozen due to withdrawing the maximum in one month. do you mind paying with a personal check , that would be easiest with my bank as they dont put a hold on checks as they do with cashiers and money order cheques.

NastyEllEssWon 07-12-2010 05:46 PM

http://i71.photobucket.com/albums/i1...g?t=1278974698




ok secured. now the question is, once i receive the check do i actually have to sell him the item, or can i just photocopy the check for kirk then send the check back to him to refuse payment with a note saying something funny along the lines of ''dont Eff with njfboa'' or something along the lines. is that valid?? :nod::lol::rofl:

noboundreez2345 07-12-2010 06:12 PM

i like where this is going

KirkEvil 07-12-2010 06:17 PM

Wow I forgot about my thread. Thanks for the support from everyone. I really doubt he will show in court but if he does I bet he will be holding his mommy's hand. He hasnt responded to any of my messages for close to a month. V pretty much summed up what should happen after he doesnt show.

Nasty, I dont think theres much I can do with his personal banking info. From what I understand, if I win my case, the courts handle the rest. Im not 100% sure, but I think theres another form I can file that requests his financial info and enables wage garnishing. Im tempted to give you $75 to snap the sideskirt in half and ship it to him in a paper bag.

This kid is to dumb to realize that this is going to **** his credit for the rest of his life.


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