Did I wait too long?

[DAS]

What is the name of your state (only U.S. law)? SD

I want to file a small claims against these people.
I posted this earlier and did receive a response but concerned I didn't ask the question correctly.

Rented our land for pasture grazing ‘07. The father and son team rented from us the year before and the final payment was tough but they paid by Nov. 06. Last year same situation said they were in a tough spot and would pay around Christmas of 07. I called them on Feb 4 of 08. Promised I would get paid, tough spot, father got cancer but they will rent our land again this summer. Called in April of 08, same song, fathers’ now at Mayo clinic. Called May 20th of 08 this time the son was getting nasty. Trust was mentioned, father still at the Mayo clinic,but now they don't have the money to rent the land. This was a month to month rental. Well now it’s Sept. No word. Never rented and no money. They pulled their cattle off last year on Sept 27th.

Can I still file a small claims against them? They usually sell some of their cattle in Oct. was wondering if that would be too late? See if they pay me then.

Thank you

 

[johnacastro]

Eviction Issue?

Well if this was an attempt to be more clear than your previous post, I understand why no one responded to the first.

So, you're saying that you rented your land to these people and they haven't paid their rent, correct?

If that be the case, it's probably because they don't have money. And if the sell their cattle, you could sue them, but collection is not guaranteed.

Just because a Judge says, "Hey Family X, pay Family Z for the rent" doesn't mean they'll pay you. Victory is always possible. It's obtaining the fruits of your victory that's tricky.

 

[dcatz]

No, it’s not too late. If you’re going to sue, do it. If you’re successful, you’ll have enforcement rights went/if assets are or become available.

 

[DAS]

Thanks dcatz thats what I needed to know. It's not too late to file a small claims but to do it.

On my previous post the response was I had six years, but I believe that person thought I was asking how long does a lien stay on against someone before I'm forced to take it to court.