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Is Small Claims the answer

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thechuck

Junior Member
I am in Houston Texas and here is my story
I came into 2 vehicles and a friend had none, we’ll call him Ray. Ray asked that since I was just using the truck I had for work if he could rent the prelude from me on a weekly basis until he got some cash together to get a truck himself.
On 4/23/05 we agreed on $120 per week plus he would carry full coverage insurance on the vehicle. There was nothing in writing just 2 friends making an agreement, with a 3rd mutual friend aware of the deal.

After 2 weeks he hadn’t paid a thing and I found out that he had a wreck and that it needed to be towed. My initial reaction was well at least you had insurance so it’s just the deductible right? Wrong he didn’t have insurance. But he said he would take care of it and still agrees he owes me the selling price for the car $3000.00. he did make a payment of $200 on 5/7 followed by $150 on 5/14. I didn’t hear from him for 2 weeks while he was in a halfway house recovering from a drunk where he screwed over the mutual friend of ours by drinking all his booze and throwing up all over the living room while our friend and myself were in South Padre.

I received another payment of $150 on 6/4, and another $150 on 6/11 but not until 6/25 did I get my last payment to date of $80. so that’s $3000 - $730 = $2270 he still owes me.

The last time I talked to Ray was Sunday 7/2 when he was to Western Union me $100.

If I take him to small claims court and win, can I force him to pay?
how can I do this? wage garnishment?


Thank you so much,
Chuck
 


Happy Trails

Senior Member
thechuck said:
I am in Houston Texas and here is my story
I came into 2 vehicles and a friend had none, we’ll call him Ray. Ray asked that since I was just using the truck I had for work if he could rent the prelude from me on a weekly basis until he got some cash together to get a truck himself.
On 4/23/05 we agreed on $120 per week plus he would carry full coverage insurance on the vehicle. There was nothing in writing just 2 friends making an agreement, with a 3rd mutual friend aware of the deal.

After 2 weeks he hadn’t paid a thing and I found out that he had a wreck and that it needed to be towed. My initial reaction was well at least you had insurance so it’s just the deductible right? Wrong he didn’t have insurance. But he said he would take care of it and still agrees he owes me the selling price for the car $3000.00. he did make a payment of $200 on 5/7 followed by $150 on 5/14. I didn’t hear from him for 2 weeks while he was in a halfway house recovering from a drunk where he screwed over the mutual friend of ours by drinking all his booze and throwing up all over the living room while our friend and myself were in South Padre.

I received another payment of $150 on 6/4, and another $150 on 6/11 but not until 6/25 did I get my last payment to date of $80. so that’s $3000 - $730 = $2270 he still owes me.

The last time I talked to Ray was Sunday 7/2 when he was to Western Union me $100.

If I take him to small claims court and win, can I force him to pay?
how can I do this? wage garnishment?


Thank you so much,
Chuck
That's the tricky part of winning a judgement. Wage garnishing isn't allowed in Texas. So unless he has property, such as bank accounts or any real property, it may be a big challenge to collect.

Go to link: http://www.capitol.state.tx.us/statutes/cp.toc.htm
Chapter 31.
 

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