this guy owes me 6grand!

[BWB79]

What is the name of your state?What is the name of your state?What is the name of your state? Texas

I met this guy "jerry marks" around may of 04. He and his whole family are in the used car business. He told me how there was a lot of money to be made in the car business. And he had a big house, so I believed him and decided to invest some of my money with him. Over the year I've gotten to know him, and I've came to the conclustion that he is kind of sleazy. He pretends he is a honest church going guy. But i think it's all a act. He owes me 6 grand now. and i want to take him to small claims court. i did have him sign a promissionary note, so i have it in writing. what do i need to file suit against him? just his name and address? what else... i honestly don't think he has any money... he doesn't have a regular job. he kind of owns his own business so he never has a set salary of income. would it even be worth taking him to court? even if i won, i don't see how the court could garnish his wages, if he doesn't have any...

 

[Happy Trails]

What is the name of your state?What is the name of your state?What is the name of your state? Texas

I met this guy "jerry marks" around may of 04. He and his whole family are in the used car business. He told me how there was a lot of money to be made in the car business. And he had a big house, so I believed him and decided to invest some of my money with him. Over the year I've gotten to know him, and I've came to the conclustion that he is kind of sleazy. He pretends he is a honest church going guy. But i think it's all a act. He owes me 6 grand now. and i want to take him to small claims court. i did have him sign a promissionary note, so i have it in writing. what do i need to file suit against him? just his name and address? what else... i honestly don't think he has any money... he doesn't have a regular job. he kind of owns his own business so he never has a set salary of income. would it even be worth taking him to court? even if i won, i don't see how the court could garnish his wages, if he doesn't have any...

Was it an investment or a loan? What were the terms of your agreement?

 

[BWB79]

yeah, it was an investment...

the idea was he was going to invest the money in buying vehicles below wholesale, and he was going to sell them at a dealers auction for wholesale. and we would slipt the profits, which we did on several vehicles... then he decided on his own to reinvest my money in more vehicles, which he says he lost money on.... i don't believe a word he says. i want to get everything i can out of him and cut my losses... he has told me countless times that he is paying me back for sure on so and so day... and then that day comes and he makes up some excuse why he can't pay. he just tells me what i want to hear. im just sick of dealing with him... he gave me a vehicle for some of the money he owes me. but im having trouble selling that. that vehicle is only worth about 2 grand anyway. this is really becoming a long painful drawn out process... i've wasted a year of my life dealing with this loser! i need help!

 

[Happy Trails]

the idea was he was going to invest the money in buying vehicles below wholesale, and he was going to sell them at a dealers auction for wholesale. and we would slipt the profits, which we did on several vehicles... then he decided on his own to reinvest my money in more vehicles, which he says he lost money on.... i don't believe a word he says. i want to get everything i can out of him and cut my losses... he has told me countless times that he is paying me back for sure on so and so day... and then that day comes and he makes up some excuse why he can't pay. he just tells me what i want to hear. im just sick of dealing with him... he gave me a vehicle for some of the money he owes me. but im having trouble selling that. that vehicle is only worth about 2 grand anyway. this is really becoming a long painful drawn out process... i've wasted a year of my life dealing with this loser! i need help!

Ahh, I can see what his side of the story is going to be. Investing money doesn't always mean there will be a profit to split. If you took him to small claims court (in TX maximum amount to sue for is $5000) he is going to say that the money invested was at risk if the deal/s didn't pan out.

I can't tell you what you should do on this one. I can see it going his way more than yours. In small claims court you would have the burden of proving that he intended on paying you back your $6000 investment.

If you did happen to win, the fun part begins trying to collect the judgement from him.

If he has told you countless times that he plans on paying you back, you need to get this in writing.

 

[TigerD]

a sleazy used car dealer -- fancy that

DC

 

[BWB79]

yeah, i have a promissionary note saying he owes me this money. but he's moved since i typed up the note. i don't know if that matters. but what imformation of his do i need to file suit against him? i think i lost his DL# I got from him. can i just sue him with his name and address? ive been trying to squeeze another grand out of him cause i know the limit is 5grand from small claims court here.

 

[Happy Trails]

yeah, i have a promissionary note saying he owes me this money. but he's moved since i typed up the note. i don't know if that matters. but what imformation of his do i need to file suit against him? i think i lost his DL# I got from him. can i just sue him with his name and address? ive been trying to squeeze another grand out of him cause i know the limit is 5grand from small claims court here.

http://www.oag.state.tx.us/newspubs/weeklyag/2004/1204claims.pdf#search='TX%20small%20claims%20court%20information'

http://library.law.smu.edu/resguide/smclaims.htm

http://www.peopleslawyer.net/smallclaims/texasstatute.html