need to collect money from another State
don
about $5000
whats the best way to collect this money or obtain a judgement, which state
do I have to
go to court in....... I am a small business who sold my goods to him but he
never has bothered to pay me.....
his business is still running as far as I know.........
richard
Since this has involved interstate commerce, you could probably file
charges in federal court.
http://www.law.cornell.edu/uscode/search/index.html
Search in title 18 for "fraud" and choose one that best fits your
situation.
Naughtius
First, Getting some PRE-ANSWER Housekeeping Out Of The Way: DON'T
Pay Any Attention To richard... he is ABSOLUTELY CLUELESS WRT Legal
Issues which are or could be raised on misc.legal, The Courtroom, OR
Real Life...
Sooo... NOT Nearly Enough Information on which to base a Useful
Answer... I surmise that you Transferred Goods to WestCoast Biz on
Nothing More Tham a "Promise To Pay"... True?
That would be BAD... VERY LIMITED then, to Options For Obtaining
Payment... Assuming Further that there was NO Sales Contract
outlining, Among Other Thing, *WHERE* the sale is considered to have
Taken Place and thus, Under Which State's Law will Control in
Resolving Disputes... BAD...
Continuing To Surmise on The LIMITED Info Provided, it would seem
You Have but Two Viable Options... 1. Discover The "Jurisdictional
Limits" of the Small Claims Courts in the Relevant "west coast"
Jurisdiction; also whether you can ask for Compensation for COSTS
Involved in Traveling to that Jurisdiction for Trial, and 2. *PERHAPS*
You can Report west coast biz to the DREADED Credit Reporting
Agencies... [OR Better, THREATEN To Report IF NOT Paid] as a means of
Pressuring wcb, Under Threat Of being cut off from All Other
"Suppliers"... Which would seemingly ENSURE *Business Death*...
And NEXT TIME, Take The Time, To Write Up.. or HAVE Written Up... a
Good Solid Sales Contract which will Save You from the Aforementioned
LIMITED OPTIONS available to You...
OR start Delivering Stuff "CASH On Delivery - NO Exceptions"...
Naughtius "No Tickee - No Washee" Maximus
McGyver
news:hd4cal$20u$1...@reader1.panix.com...
You can sue for breach of contract in a small claims court in the state
where the defendant resides. Even though your state might also be a proper
jurisdiction, it is not possible to say without some research whether a
small claims judgment from your state would be usable in the state where the
defendant is. Probably not.
Choose the small claims court nearest the address of the defendant. That
avoids a motion concerning venue. (Venue means choice of the right court
within the state.) The court nearest the defendant is always one of the
acceptable venues. You can file your complaint by mail. You can get the
complaint served on the defendant by using a process server in the home city
of the defendant. Find the local process server using the internet and hire
the process server by phone. The cost will be about $50. You'll have to
appear in person for trial.
After you receive your judgment in the mail, you can get the sheriff's
department in the defendant's county to execute an attachment against assets
of the defendant. It will be necessary for you to identify the asset that
you want to attach. A bank account is always a good choice. That area is
the subject of another question. After you get a judgment, ask us how to go
about collection. When you post your question, be sure to tell us what
state the defendant and the judgment are in.
This answer must not be relied on as legal advice for the reasons posted
here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney.
McGyver
don
> You can sue for breach of contract in a small claims court in the state
> where the defendant resides. Even though your state might also be a
> proper jurisdiction, it is not possible to say without some research
> whether a small claims judgment from your state would be usable in the
> state where the defendant is. Probably not.
>
> Choose the small claims court nearest the address of the defendant. That
> avoids a motion concerning venue. (Venue means choice of the right court
> within the state.) The court nearest the defendant is always one of the
> acceptable venues. You can file your complaint by mail. You can get the
> complaint served on the defendant by using a process server in the home
> city of the defendant. Find the local process server using the internet
> and hire the process server by phone. The cost will be about $50. You'll
> have to appear in person for trial.
>
Thanks for this advice...... I didn't want to have to fly out there twice
richard
You forgot to mention that someone would have to appear in court on behalf
of the plaintiff. As most such court judges take a dim view on the
plaintiff filing for a hearing and not showing up.
Even then, in most small claims courts, attorneys ain't allowed to speak
for the plaintiff. You made the claim, now show up and be heard.
richard
Before following this lame advice, contact the court itself and find out if
such a method of hearing can be done or not. I will say not. If you don't
show up in court, the judge will most likely rule against you.
richard
> On Sun, 8 Nov 2009 11:55:09 -0800, "McGyver" <Grey...@msn.com> wrote:
>
>>You can sue for breach of contract in a small claims court in the state
>>where the defendant resides. Even though your state might also be a proper
>>jurisdiction, it is not possible to say without some research whether a
>>small claims judgment from your state would be usable in the state where the
>>defendant is. Probably not.
>
> I'd agree with this answer over RtS's "File charges in a federal
> court.".
Failed your basic high school government class didn't ya?
A person commits a crime. The crime is properly reported, either through
local police jurisdiction or on a federal level such as the FBI.
The crime is investigated, and you sit back and chill until you get told
when to appear in court.
I was using a shortcut in my original reply but the method of taking the
case to court is the same.
In actuality, in any criminal procedings, other than small claims, YOU do
not file the charges. You merely report the crime and request charges be
filed.
Since this particular case involves crossing of state lines, "interstate
commerce" rules apply. That makes it a federal issue. If a credit card was
used, that also becomes fraud which is another federal issue.
Deadrat
news:eibbftpkaemq$.94nuo628927n$.d...@40tude.net:
1. None of this involves a crime. It's a business dispute.
2. Small claims court is a civil court, not a criminal one.
3. "Interstate commerce rules," whatever they are, don't apply. In all
likelihood, The UCC applies.
4. There is no evidence of fraud, nor none alleged. There's nonpayment.
5. Judgments obtained in one state are honored in any other because of
the "full faith and credit" clause of the Constitution.
Congratulations, richard!
richard
So what you are saying is, it's ok for me to purchase something over the
internet and only pay part of the amount, with no worries that the seller
will ever try to make me pay up, simply because "breach of contract" can
only be held in small claims court. Knowing that it is highly unlikely that
the seller will fathom such an undertaking because of the time and expenses
involved.
Let us know how that works out for you from prison.
I'm sure Mr. Madoff would love that defense.
Problem with small claims court is their limited jurisdiction.
Traditionally, a small claims court can only enforce a judgement within
their own jurisdiction. Unless the state gives them state wide authority.
If a person files in NYC and the defendant is in LA, how can the court even
serve the defendant with papers to appear? Ok so the case is heard anyway.
The judge rules for the plaintiff. Now what? The judge sends his
counterpart in LA the judgement and that court now causes the defendant to
pay up? I don't think so.
Naughtius
> On Sun, 08 Nov 2009 21:34:00 -0600, Deadrat wrote:
> > richard <mem...@newsguy.com> wrote in
> >news:eibbftpkaemq$.94nuo628927n$.d...@40tude.net:
>
> >> On Sun, 08 Nov 2009 12:04:44 -0800, Evan Platt wrote:
>
hhhhhhuhh...
No... NOT like Water Thru a Sieve...
More Like...
Wnat?
"Gravity-Powered Water" Thru a THIN Atmosphere?
Yeah... MORE Like That...
Naughtius "SPLOOSH!!" Maximus
richard
> On Sat, 7 Nov 2009 12:07:16 -0700, richard <mem...@newsguy.com> wrote:
>
>>Since this has involved interstate commerce, you could probably file
>>charges in federal court.
>>
>>http://www.law.cornell.edu/uscode/search/index.html
>>
>>Search in title 18 for "fraud" and choose one that best fits your
>>situation.
>
> What's the saying? "Any man who has richard for an attorney has an
> idiot as an attorney"? I could be getting it wrong.
Evan Platt: "I'm not a real human but I did stay in a holiday inn last
night".
http://www.uslawbooks.com/books/fraud.htm
"...includes all surprise, trick, cunning, dissembling, and any unfair way
by which another is cheated."
Johnson v. McDonald, 170 Okl. 117, 39 P.2d 150
Found this on another site. It speaks of the act of breach of contract as a
civil matter.
In general, you can file a law suit:
* In the defendant's home state
* In any state with which the defendant has sufficient minimum contacts
* In the state where the contract was negotiated or signed
ding ding ding....hello.
* In a federal court if the breach of contract involves a federal
question
...paying attention now?
* In a federal court if you and the other party are citizens of
different states and the amount in controversy exceeds $75,000
But is this part all inclusive regardless?
* In any state or federal court where both parties agree to be sued in
But we have seen here that yes in fact, a law suit can be filed in a
federal court. And we have learned that a breach of contract is a tortious
act which can be prosecuted.
Now what exactly does a small claims court do? One thing. It arbitrates
between two disputing parties and makes a judgement based upon state law.
It does not prosecute. It also has very limited jurisdiction.
Kent Wills
How can you be so wrong so often?
It's a civil matter. The FBI wouldn't get involved.
Whereas the OP alleges he was never paid, no credit card could
factor in.
--
"Kent"
Deadrat
news:d1fevz9e5fzo$.1aios4hiala0b$.d...@40tude.net:
You think that's what I'm saying, you ignoramus?
> Let us know how that works out for you from prison.
> I'm sure Mr. Madoff would love that defense.
>
> Problem with small claims court is their limited jurisdiction.
> Traditionally, a small claims court can only enforce a judgement
> within their own jurisdiction. Unless the state gives them state wide
> authority.
>
>
> If a person files in NYC and the defendant is in LA, how can the court
> even serve the defendant with papers to appear?
The plaintiff arranges service.
> Ok so the case is
> heard anyway. The judge rules for the plaintiff. Now what? The judge
> sends his counterpart in LA the judgement and that court now causes
> the defendant to pay up?
The plaintiff obtains a judgment in NY. The judgment is good in CA and
can be used to attach a bank account.
I don't think
We know.
so.
>
Wes Groleau
> 1. None of this involves a crime. It's a business dispute.
It's not both? There's no law against accepting products
and not paying for them?
> 2. Small claims court is a civil court, not a criminal one.
_IF_ it's a crime, reporting it to authorities MAY result
in prosecution. But going after what you want seems to me
better odds than "may."
> 4. There is no evidence of fraud, nor none alleged. There's nonpayment.
Isn't taht fraud if it's intentional?
> 5. Judgments obtained in one state are honored in any other because of
> the "full faith and credit" clause of the Constitution.
Well, that's the law. But it doesn't always happen.
--
Wes Groleau
"Brigham Young agrees to confine himself to one woman,
if every member of Congress will do the same."
-- Weekly Republican, 1869
Deadrat
@news.eternal-september.org:
> Deadrat wrote:
>> 1. None of this involves a crime. It's a business dispute.
>
> It's not both? There's no law against accepting products
> and not paying for them?
Of course not. You think there's a law that says that if you accept
"products" that are never delivered or are defective that you have to pay
for them?
>> 2. Small claims court is a civil court, not a criminal one.
>
> _IF_ it's a crime, reporting it to authorities MAY result
> in prosecution. But going after what you want seems to me
> better odds than "may."
Thanks for sharing. Is that the second person indeterminate?
>
>> 4. There is no evidence of fraud, nor none alleged. There's nonpayment.
>
> Isn't taht fraud if it's intentional?
It's probably theft. Who says it's intentional?
>> 5. Judgments obtained in one state are honored in any other because of
>> the "full faith and credit" clause of the Constitution.
>
> Well, that's the law. But it doesn't always happen.
This is misc.legal. Perhaps you want misc.does.not.always.happen.
Third door down on your left.
McGyver
Uh, well, on that point, you might have to fly out twice. A shabby trick,
which the defendant hopefully won't think of, is to request a continuance at
the last minute, after you have flown out. Such requests are routinely
granted, and nobody ever asks for proof that the excuse is true. If that
happens, go to trial, argue against the continuance. If the defendant is
present, you have a chance. If the defendant requested the continuance by
phone or mail, you can argue, but don't be too hopeful. Small claims courts
like to be accommodating to a person who requests one continuance. That
trick will often win the case for the defendant, because the inconvenienced
plaintiff often will not return for the reset trial date.
Sorry.
May your defendant not think of the trick.
McGyver
"richard" <mem...@newsguy.com> wrote in message
news:lk7czahynbdp.17pdm5thblny9$.dlg@40tude.net...
You didn't notice where I said: "You'll have to appear in person for trial."
> As most such court judges take a dim view on the
> plaintiff filing for a hearing and not showing up.
No they don't. It is just another case the judge doesn't have to hear.
When the judge enters courtroom and sits down, there are three stacks of
cases on the desk, sometimes four. The first stack is under a note from the
clerk saying "No plaintiff,". The first sheet of paper in each file in that
stack contains, in the margin, the clerk's note: "No plaintiff." The judge
deals with this stack first. The judge opens each file, announces the names
of the parties and says something like, "Dismissed, no plaintiff." The
judge makes a check mark next to the words: "Dismissed without prejudice",
and signs the bottom line. There is no dim view for reducing the number of
cases to be heard.
Sometimes a plaintiff who did not understand the instructions to check in
will say, "Wait a minute, I'm here." Sometimes a defendant will say: "Hold
on, Your Honor, I want you to dismiss this case with prejudice instead of
without prejudice, because this is the third time the plaintiff has filed
this thing and not shown up. The judge will likely comply, because if the
decision is wrong it can be undone through a motion.
> Even then, in most small claims courts, attorneys ain't allowed to speak
> for the plaintiff. You made the claim, now show up and be heard.
McGyver (occasionally, small claims judge pro tem)