Why bother?

[tiptoetulip]

What is the name of your state? WA - sueing in OR

What is the point of suing in small claims court if the defendant threatens to file bankruptsy if you do? I realize that I shouldn't worry about what they are doing / going to do, and that I just need to do what it is that I need to do. But it seems pointless in the end.

 

[MandyD]

IMO, if I was owed money and was going as far as to take someone to court over that amount, let them file bankrupcy. The negative effects of them will be much worse than the amount of money I'd be out.

I'd also realize that people will "threaten" things all the time. That doesn't mean they'll actually go through with them.

I don't know what your case is about but if it was important to me, I'd take them to small claims court. They have much more to lose than I, especially if they're stupid enough to file bankrupcy over a small claim.

 

[tiptoetulip]

Thanks for the reply, Mandy. It is important. This person has owed me 13,000 and some for over 5 years now (in 2 separate notes, hence, 2 separate small claims), keeps saying he is going to pay me, and never comes through. His wife wants to file bankruptsy if I sue. He says he will pay me anyway (yeah right, maybe when I'm old and crippled, and don't even remember his name). Anyway, I feel that I need to hold him responsible. He was supposed to pay me back the same year I loaned him the money. Live & learn! It seems that there are a lot of people doing that on these forums.