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Small Claims or Debt Collector or Something Else

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ajmg8808

Junior Member
What is the name of your state (only U.S. law)? I live in WA, but the transaction occurred when I lived in FL.

I sold my car November 2008 to a girl in FL, when we were moving to WA, for $2,000. She signed a Bill of Sale (the original was sent to the DMV and they no longer have it) and I have the copy before it was signed. I also have emails back and forth and copies of phone records where she called and where her brother actually called and threatened me recently. She stopped making payments to me in March/April and then in August she finally emailed me and said the car was having problems and that she didn't think she should pay that much. Almost a year later she says this. I also have the Kelly Blue Book value for the car for this year and it is worth more than $2,000, so it would have been worth even more last year. The Bill of Sale stated that she purchase the car in "As Is" condition. Should I take her to small claims court and if I do will the debt actually get paid afterwards? If I reported this to a debt collecting agency would she actually pay the debt this way? Or is there another way to get what she owes me. I have been nothing but nice to her and understanding and my emails reflect this. She keeps ignoring my phone calls, makes up excuses, and then when I finally hear from her she changes her excuse to something else. I am at my wits end about what to do. I would rather it not lead to court proceedings, but I don't know what else to do.

Also, if I do want to take this to court, can I file the proceedings without being there? I live in WA, and this occurred in FL. Can I do it with a video conference or is there another way? Any information would be most helpful.
Thank you.
 


racer72

Senior Member
Should I take her to small claims court
That's your decision.

and if I do will the debt actually get paid afterwards?
Depends on how well of a job you do enforcing a judgment. A judgment just give you certain rights when it comes to collecting on a debt, it does not force the debtor to pay the debt. Something else to remember, 75% of all personal judgments never get paid in full and 50% never collect.

Or is there another way to get what she owes me.
Legal or not legal?

Also, if I do want to take this to court, can I file the proceedings without being there?
You can hire an attorney in Florida to file the lawsuit for you. You will have to appear in court though, you are the person requesting the court action. The cost to sue and enforce a judgment from cross country is likely going to cost you more than what you are owed. It is up to you to decide if throwing good money after bad is worth it.
 

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