What is the name of your state?FL
I lent a former friend $3000. I have a promissary note, signed by both of us and a witness. It was to be paid back as follows:
-5 postdated checks for $200 each
-lump sum of $2000 to be paid upon receipt of his enlistment bonus or Oct 1, 2004, whichever came first.
He went AWOL in Oct, and four months later was discharged with an OTH, so. needless to say, he never received the enlistment bonus.
I was able to cash four of the five postdated checks before his bank account was drained. In Florida, one cannot file a bad check case with the District Attorney for checks that are postdated, so I cannot recoup the last $200 check via that method.
During the period of his AWOL, I originally contacted JAG (military attorney office) and they said all my documents were in order to recoup the money, but because he was broke at time of his discharge and it proceeded so quickly that they did not charge him with the appropriate UCMJ charge.
I have received the small claims court packet from my local courthouse. I would have to file all my documents to be reviewed by a judge and pay a fee of about $150 up front. The man I lent the money to would be liable for this fee if the judge found in my favor. Based on what JAG told me, I feel fairly confident the judgement would be that this man is legally bound to pay me.
HERE IS MY QUESTION:
After the judgement comes down, I believe I understand that the judgement is basically just a peice of paper giving me the authority to collect and outlining ways i can do this.
Does anyone have insight or experience on collecting on debts of this nature? Would I have to go talk to his employer, show them the judgement decision and have a garnishment put in place or does the court do this? Does this involve additional court filing fees? How effective is this? Would I recieve checks from the employer of money held out of his wages? He currently is living in my town and I believe is employed as a waiter or busboy, therefore his reported income could be manipulated to be very small since the bulk of it would be in tips. (yes, this man is a TRAIN WRECK). He has no savings. I believe his parents co signed a car loan in order for him to have a car, so I cannot put a lien on that. He has no assets except perhaps his tax refund from his 9 months in the military.
As is probabley par for the course, I am weighing the benefit of getting back the money vs. the hassle and drama of having any contact with this person.
Does any one know if there is a sort of statute of limitations on small claims debts as I have considered waiting until he has assets on which I could place a lien, or a job with more significant wages.
I lent a former friend $3000. I have a promissary note, signed by both of us and a witness. It was to be paid back as follows:
-5 postdated checks for $200 each
-lump sum of $2000 to be paid upon receipt of his enlistment bonus or Oct 1, 2004, whichever came first.
He went AWOL in Oct, and four months later was discharged with an OTH, so. needless to say, he never received the enlistment bonus.
I was able to cash four of the five postdated checks before his bank account was drained. In Florida, one cannot file a bad check case with the District Attorney for checks that are postdated, so I cannot recoup the last $200 check via that method.
During the period of his AWOL, I originally contacted JAG (military attorney office) and they said all my documents were in order to recoup the money, but because he was broke at time of his discharge and it proceeded so quickly that they did not charge him with the appropriate UCMJ charge.
I have received the small claims court packet from my local courthouse. I would have to file all my documents to be reviewed by a judge and pay a fee of about $150 up front. The man I lent the money to would be liable for this fee if the judge found in my favor. Based on what JAG told me, I feel fairly confident the judgement would be that this man is legally bound to pay me.
HERE IS MY QUESTION:
After the judgement comes down, I believe I understand that the judgement is basically just a peice of paper giving me the authority to collect and outlining ways i can do this.
Does anyone have insight or experience on collecting on debts of this nature? Would I have to go talk to his employer, show them the judgement decision and have a garnishment put in place or does the court do this? Does this involve additional court filing fees? How effective is this? Would I recieve checks from the employer of money held out of his wages? He currently is living in my town and I believe is employed as a waiter or busboy, therefore his reported income could be manipulated to be very small since the bulk of it would be in tips. (yes, this man is a TRAIN WRECK). He has no savings. I believe his parents co signed a car loan in order for him to have a car, so I cannot put a lien on that. He has no assets except perhaps his tax refund from his 9 months in the military.
As is probabley par for the course, I am weighing the benefit of getting back the money vs. the hassle and drama of having any contact with this person.
Does any one know if there is a sort of statute of limitations on small claims debts as I have considered waiting until he has assets on which I could place a lien, or a job with more significant wages.