will i win?

[Kc249358]

Hi im going to claims court soon in sd. I gave my ex $95 of mine to hold on to for me and i never got it back. I have Skype messages saying that if i met him in town he would return it to me but never did. Is that enough evidence for me to get the money back? Also, if he lies and said he didn't do it would the judge belive him? He lied before at court and nothing happened. His name is on the proof so i hope that doesn't happen. If i do win would they force him to pay me back? Because there is no way he would do it himself unless he was told he would land up in jail or something. If anyone has any answers for me please let me know. Thanks!

 

[Proserpina]

Hi im going to claims court soon in sd. I gave my ex $95 of mine to hold on to for me and i never got it back. I have Skype messages saying that if i met him in town he would return it to me but never did. Is that enough evidence for me to get the money back? Also, if he lies and said he didn't do it would the judge belive him? He lied before at court and nothing happened. His name is on the proof so i hope that doesn't happen. If i do win would they force him to pay me back? Because there is no way he would do it himself unless he was told he would land up in jail or something. If anyone has any answers for me please let me know. Thanks!

The court won't collect on your behalf. That's entirely your problem. I would however resist threatening him with jail.

We can't tell you whether or not you'll win. Getting the judgment is one thing - collecting is another thing entirely.

 

[Kc249358]

How am i supposed to collect it myself when he will still refuse to give it to me? He lied twice about returning it to me in person and once about sending it in the mail. And i wouldn't be the one threatning him the judge would since there has to be some kind of punishment for him if i win and he still wont give me the money.

 

[Proserpina]

How am i supposed to collect it myself when he will still refuse to give it to me? He lied twice about returning it to me in person and once about sending it in the mail. And i wouldn't be the one threatning him the judge would since there has to be some kind of punishment for him if i win and he still wont give me the money.

It's a civil matter. The judge can't penalize him, because there is no penalty other than (sometimes) adding interest and court fees.

We don't jail debtors in this country.

 

[Kc249358]

So if i won how would i be able to collect the money? Talking to him about doesn't work because he refuses to be civil about the matter and everytime i bring it up instead of just agreeing to paying it back he changes the subject.

 

[quincy]

So if i won how would i be able to collect the money? Talking to him about doesn't work because he refuses to be civil about the matter and everytime i bring it up instead of just agreeing to paying it back he changes the subject.

Here is a brochure from South Dakota's small claims that explains how to collect once you have won a judgment:

http://ujs.sd.gov/media/pubs/small_claims_brochure.pdf

Good luck.

 

[Proserpina]

So if i won how would i be able to collect the money? Talking to him about doesn't work because he refuses to be civil about the matter and everytime i bring it up instead of just agreeing to paying it back he changes the subject.

I'm not unsympathetic to your plight, but unfortunately what you're seeing is why most small claims awards go uncollected (and I'm not convinced you'd win anyway).

For $95, I'd suck it up as a lesson learned.

 

[Kc249358]

No thanks. since he doesn' want to give it to me himself he can deal with going to court and all i have to do is explain to the judge that he refuses to be civil and im sure they can offer a solution that woukd work. And i have proof so technically there is no way i wouldn't win.

 

[quincy]

No thanks. since he doesn' want to give it to me himself he can deal with going to court and all i have to do is explain to the judge that he refuses to be civil and im sure they can offer a solution that woukd work. And i have proof so technically there is no way i wouldn't win.

Again, even if you win a judgment against him, it will still be up to you to collect on the judgment. The way you collect on a judgment is outlined in the brochure that I provided a link to above. You might want to read it.

Good luck.

 

[Proserpina]

No thanks. since he doesn' want to give it to me himself he can deal with going to court and all i have to do is explain to the judge that he refuses to be civil and im sure they can offer a solution that woukd work. And i have proof so technically there is no way i wouldn't win.

You don't understand.

You'll file in court.
You'll have him served.
You'll turn up.
He won't.
You get your judgment.

.... and then.... well, nothing. The court isn't going to make him hand over the money. They don't care - their job (and indeed, their ONLY job) is to render a verdict and issue the judgment.

That's it.

No more.

The end.

(Actually I just read quincy's link and it's virtually word for word what we've been saying all night!)

And all of this is assuming that you win... and I'm not nearly sure as you on that one. If you plan to use a Skype conversation, expect him to lie and say that was about a different matter entirely and now you're trying to get back at him for... whatever.

 

[STEPHAN]

Don't count to much on that Skype printout. I can fake one in a few minutes. You don't even know if that judge knows what Skype is.

 

[not2cleverRed]

I'm not unsympathetic to your plight, but unfortunately what you're seeing is why most small claims awards go uncollected (and I'm not convinced you'd win anyway).

For $95, I'd suck it up as a lesson learned.

And, if she files and still doesn't get the $, add another ~$25 in court costs.

If someone doesn't want to pay, they won't pay. Win or lose, OP is likely not getting the money - the question is, does OP want to spend more money on getting no money?

 

[Kc249358]

First all of he would most likely show up for court since he has before in the past, second of all they will know that he was the one who sent me the messages since it says the name of his job on there and he is the only one who works there with that name so there is no way he can lie about it and say that wasnt from him and all the judges i have dealt with before know what skype is so that wont be a problem. And third if you people forgot i mentioned right away that he is a jerk who has to be difficult. I have tried every other option there is to get my money but since he wants to be an ******* court is the only solution left. so unless you have any ideas for how to reason with a stupid, annoying,rude, and mental loser than accept the fact that i am still going to court and drop this bull**** about it!

 

[Silverplum]

First all of he would most likely show up for court since he has before in the past, second of all they will know that he was the one who sent me the messages since it says the name of his job on there and he is the only one who works there with that name so there is no way he can lie about it and say that wasnt from him and all the judges i have dealt with before know what skype is so that wont be a problem. And third if you people forgot i mentioned right away that he is a jerk who has to be difficult. I have tried every other option there is to get my money but since he wants to be an ******* court is the only solution left. so unless you have any ideas for how to reason with a stupid, annoying,rude, and mental loser than accept the fact that i am still going to court and drop this bull**** about it!

This forum is not for ranting or swearing, thankyouverymuch.

 

[STEPHAN]

they will know that he was the one who sent me the messages since it says the name of his job on there and he is the only one who works there with that name so there is no way he can lie about it and say that wasnt from him

1. How do you want to prove that none else at the workplace ever had access to that computer?
2. You don't get it: I can fake any Skype/text/email message in a few minutes and you will not be able to tell that it was not from a legit source.

Your printout is okay as long as he does not object it.