$4k owed and they signed for it.

[Tallgeese]

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

Someone owes me over $4000.00. written and oral contract was made for the funds being loaned 2 years ago. Him and his wife have agreed that is the amount was owed. instead of paying me off or doing a partial payment. with there income taxes they received about the same amount in which they owe me, they instead bought a mobile home fixer upper which they gotten for $100.00. and used the income tax funds to start fixing up the mobile home.(for a mobile home that cheap, would there be a deed or something as proof that they Own that property?) this person has a job and I am wondering if in small claims court if I can put a lien or have the trailer auctioned off and use garnishment of wages on him if I do win? whatever to get my funds paid back to me. They also have many items in there current home that may or may not be paid off(Rent-A-Center). like for ex. flat screen tv, game consoles, washer dryer, new above ground pool, tablets. it is clear that they have no interest in paying me back after iv given them hands fulls of cash and worked with them on helping a payment plan, we are going on almost 3 yrs that they have not paid me off. and I am done with them as friends and the money that is owed to me. So If I do throw the BOOK at them an take them to court, what and how would you think will be the best way to secure my funds. What are my chances of winning in court? what tools would I most likely use after I maybe I Do win ?

thank you.

 

[TigerD]

Don't throw good money after bad. Your chances of actually collecting are not good. You learned an expensive lesson. Move on.

DC

 

[Proserpina]

Don't throw good money after bad. Your chances of actually collecting are not good. You learned an expensive lesson. Move on.

DC

Given that it's Texas, I'd rate his chances at roughly zero.

(OP - a regular creditor cannot garnish a debtor's wages)

 

[Tallgeese]

$4k owed and they signed for it

Given that it's Texas, I'd rate his chances at roughly zero.

(OP - a regular creditor cannot garnish a debtor's wages)

even with the fact that I have a written contract on all the funds they owe me?

 

[Proserpina]

even with the fact that I have a written contract on all the funds they owe me?

Even if.

Texas is pretty debtor-friendly. There are only limited circumstances in which your wages can be garnished, such as if you owe child support, government debts, alimony - things like that. Texas will also allow you to collect on an out-of-state judgment, but that doesn't apply here either.

 

[Tallgeese]

I c

Even if.

Texas is pretty debtor-friendly. There are only limited circumstances in which your wages can be garnished, such as if you owe child support, government debts, alimony - things like that. Texas will also allow you to collect on an out-of-state judgment, but that doesn't apply here either.

So what would you think? should I even try to consult with a lawyer or attempt to go threw with this? these people also said that next year they will pay me in full. IDK

thanks

 

[TigerD]

So what would you think? should I even try to consult with a lawyer or attempt to go threw with this? these people also said that next year they will pay me in full. IDK

thanks

The amount is so small that anything you do is going to cost as much as the debt. Even if you collect, all the money will go to someone else. It isn't worth the time, trouble, and expense. Unless you really want an expensive experience.

DC

 

[Proserpina]

So what would you think? should I even try to consult with a lawyer or attempt to go threw with this? these people also said that next year they will pay me in full. IDK

thanks

I hate to say it (truly), but you may need to consider this an expensive lesson. While you may obtain a lien against real property, you can't force the sale and you're pretty much stuck.

 

[Tallgeese]

So even a contract does not mean anything in court?

I hate to say it (truly), but you may need to consider this an expensive lesson. While you may obtain a lien against real property, you can't force the sale and you're pretty much stuck.

So in me having a written contract on the money being loaned, my State will not give me the correct tools or help or honor a contract. is there a difference in court cases on those tv shows? I see people get awarded up to 5k in the claims. do those people get their money or get awarded? I don't understand how when money is loaned, and a contract is issued and made I can not do anything in court or just end up breaking even or losing even more? so the courts protect the people that are on food assistants and people who want to live at home an collect free money. and then borrow money from people an refuse to pay them back even with contract?

 

[Proserpina]

So in me having a written contract on the money being loaned, my State will not give me the correct tools or help or honor a contract. is there a difference in court cases on those tv shows? I see people get awarded up to 5k in the claims. do those people get their money or get awarded? I don't understand how when money is loaned, and a contract is issued and made I can not do anything in court or just end up breaking even or losing even more? so the courts protect the people that are on food assistants and people who want to live at home an collect free money. and then borrow money from people an refuse to pay them back even with contract?

The TV courts aren't actually courts in the true sense - the judge is sitting as an arbitrator (it's binding arbitration). There's a "pool" for each case and the one who wins gets the higher share. The loser gets what's left. Neither ends up worse off as a result.

Pennsylvania and Texas are incredibly debtor-friendly though. Neither will allow garnishment of wages unless they're collecting on behalf of an out-of-state creditor, or the debt is linked to student loans, child support, etc.

The only other thing I can think of is a bank levy. Thankfully the debtors won't find out until the money has been taken out (it sort of defeats the point, otherwise).

 

[Tallgeese]

ok thx ,

The TV courts aren't actually courts in the true sense - the judge is sitting as an arbitrator (it's binding arbitration). There's a "pool" for each case and the one who wins gets the higher share. The loser gets what's left. Neither ends up worse off as a result.

Pennsylvania and Texas are incredibly debtor-friendly though. Neither will allow garnishment of wages unless they're collecting on behalf of an out-of-state creditor, or the debt is linked to student loans, child support, etc.

The only other thing I can think of is a bank levy. Thankfully the debtors won't find out until the money has been taken out (it sort of defeats the point, otherwise).

thx for the advice. I heard something about writing off this as bad debt and get a federal tax credit for doing so.

 

[TheGeekess]

thx for the advice. I heard something about writing off this as bad debt and get a federal tax credit for doing so.

Many of us know where you "heard" that.

 

[bdancer]

So in me having a written contract on the money being loaned, my State will not give me the correct tools or help or honor a contract. is there a difference in court cases on those tv shows? I see people get awarded up to 5k in the claims. do those people get their money or get awarded? I don't understand how when money is loaned, and a contract is issued and made I can not do anything in court or just end up breaking even or losing even more? so the courts protect the people that are on food assistants and people who want to live at home an collect free money. and then borrow money from people an refuse to pay them back even with contract?

on't

You could sue and with the written contract as proof of the agreement, you would likely win the judgment.

The problem will be actually COLLECTING the judgement. You would have to file additional paperwork (and additional costs) to attach a bank account. Liens on personal property won't get you paid either, especially if you are talking $100 mobile homes and household goods. Basically, what every one is trying to tell you is that you will spend more money and a lot of time and STILL not see a cent from the former friend.

Chalk it up to a loss and move on.