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Should I go to small claims?

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A

ajdietz

Guest
HI. My husband and I agreed to buy a stove from a guy he works with. We bought a lawn mower from them and had no problems. But we told them we didn't have to get the stove right away, because they were moving and we said we would wait until the day they left so they wouldnt be without a stove. However, many months later, we find out that they are gone and we only have two clues of their whereabouts..one being in another state! My question is, can I get our money back? I have two checks that we used to pay for the stove with...both cashed by them and both clearly stating on the memo what they were for. How do I go about finding them and getting our money back? Also, can I get restitution for waiting for nine months and court costs and things like that? Or are we out of luck? What do we do? It was over $325 plus another $150 she owed me for daycare. Help me please!?!?!:confused:
 


S

sdc12270

Guest
RESPONSE

I am not an attorney, only someone who is going through my own small claims mess right now. First you will have to file in small claims because this amount owed isn't really worth getting an attorney over. If you win in small claims, your court costs are ncluded in your judgment amount. No, you will not get "waiting time' compensation" but if the debtor doesn't pay you after you win your case, you can start charging annual interest (in most states, check with your county small claims) until you get paid. You have proof the checks were cashed, but what happened to the stove? Also, daycare will be hard to prove unless you have a written contract. Finally, locating these losers to get them served with the continuous stream of paperwork it takes just to collect such a small amount may make you think twice before filing. I know, it can really become more trouble thn it was ever worth! (I'm sure that's what the losers are hoping for.)
Good luck!
 

JETX

Senior Member
Let me add the following to 'sdc' accurate response....
Lets say you do find them and serve them with notice of your small claims suit. They don't show and you get a default judgment. How do you collect from them... they are out of state (and out of reach of the court)??? Simply, they have no assets in YOUR state to go after. You will have to 'domesticate' your judgment from your state to theirs. Then and only then, can you use the 'new' state laws to enforce your 'old' state judgment.

Simply, you screwed up by letting them go too long without getting your purchased item. Sounds like another 'life lesson learned'.
 

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