Failure to pay by the buyer, from an online sale

[hale1114]

What is the name of your state (only U.S. law)? Texas
His state is Florida.

In May-June of 2014 I entered into an agreement with a fellow hobbyist. We both collect and restore old railroad equipment. I sent him a part and exchange he was going to send me other parts I needed plus $50 cash. We both shipped the agreed upon parts to each other. To this day I still haven't seen the $50. July 2015: When I brought it up to him that he owes me money a month, he offered to pay me $75 to compensate for late payment, if I'd give him more time. I told him I'd check back with him in early August. A few days ago, I sent him a notice that he needed to pay up and give him 30 days to do so. His reply wasn't compliant at all.

He's a younger guy, just out of high school. I've never met him personally but we're acquainted through our hobby networks online. Every time I bring up the money owed he's had either an excuse, said he'd get it to me soon, or asked for more time. He's been unemployed, his truck has been broke down, and this last message said he just got out of the hospital. It's always something.

Since we're in different states, the court route seems like it would be more expensive. I also realize the amount owed is so small it's negligible.

Is it possible to have his wages garnished or a lien placed? What can I do?

 

[quincy]

What is the name of your state (only U.S. law)? Texas
His state is Florida.

Is it possible to have his wages garnished or a lien placed? What can I do?

No.

You could look at the $75 as a bad investment (but you could also continue to remind the young fellow of his debt now and then, just for the heck of it and on the off-chance he might finally pay).

 

[Zigner]

And remember - you'd have to travel to Florida to sue him...and the costs of that travel aren't compensable. You're going to be out FAR more then $50 (not $75 since that wasn't in your contract.)

 

[Zigner]

No.

You could look at the $75 as a bad investment (but you could also continue to remind the young fellow of his debt now and then, just for the heck of it and on the off-chance he might finally pay).

$50

 

[quincy]

Possibly $50. Possibly $75.

It appears that hale1114 might have agreed to amend the terms of contract from the original $50, to $75 if additional time was given. Additional time has been given.

Not that hale114 shouldn't be content with $50 if the guy pays. That would be better than the $0 hale1114 should probably expect.

 

[Zigner]

Possibly $50. Possibly $75.

It appears that hale1114 might have agreed to amend the terms of contract from the original $50, to $75 if additional time was given. Additional time has been given.

Not that hale114 shouldn't be content with $50 if the guy pays. That would be better than the $0 hale1114 should probably expect.

I hear ya - but I don't think that this "amendment" of the contract will fly in court. There was no late fee contemplated in the original written contract.

 

[single317dad]

I hear ya - but I don't think that this "amendment" of the contract will fly in court. There was no late fee contemplated in the original written contract.

I would certainly go ahead and argue for the $75. There's consideration on both parts, and it could be a valid amendment to the contract.

To the OP's original question: yes, you can garnish his wages and/or levy a bank account. For those things, you need a court order. For a court order, you'll spend more than you'll recover.

For a great example of what usually happens when borrowers of small amounts from far away don't pay their loans, see:

https://www.reddit.com/r/Borrow

 

[quincy]

I would certainly go ahead and argue for the $75. There's consideration on both parts, and it could be a valid amendment to the contract.

To the OP's original question: yes, you can garnish his wages and/or levy a bank account. For those things, you need a court order. For a court order, you'll spend more than you'll recover.

For a great example of what usually happens when borrowers of small amounts from far away don't pay their loans, see:

https://www.reddit.com/r/Borrow

I actually don't think it really matters if he argues for $50 or $75 because, if hale1114 thinks logically about the costs of pursuing a legal action, hale1114 will only be arguing the amount with the fellow who owes him the money and not arguing the amount in a courtroom.



(in Texas, as an aside, I believe there is no wage garnishment for anything but taxes, child support, alimony and student loans)

 

[Zigner]

I actually don't think it really matters if he argues for $50 or $75 because, if hale1114 thinks logically about the costs of pursuing a legal action, hale1114 will only be arguing the amount with the fellow who owes him the money and not arguing the amount in a courtroom.



(in Texas, as an aside, I believe there is no wage garnishment for anything but taxes, child support, alimony and student loans)

I believe that this matter will be heard in the defendant's home state of Florida.

 

[quincy]

I believe that this matter will be heard in the defendant's home state of Florida.

Right, if it gets to that point.

The Texas information I provided was for extra credit.