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Old 03-08-2014, 09:26 AM   #1 (permalink)
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Join Date: Mar 2014
Posts: 1
$4k owed and they signed for it

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.
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Old 03-09-2014, 10:28 AM   #2 (permalink)
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Join Date: Oct 2012
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If you have a written contract you have a very strong chance of winning. If they are as flaky as they sound odds are they will not even show up and you will win, but you will need to be sure you properly serve them notice.

I would file a small claims suit soon to make sure the statute of limitations has not run. Once a judgment is entered you can do things such as garnish their wages, which means you will get 25% of their paycheck until they pay you back.

If they keep dodging you then interest will accrue and you can put liens etc on their property, which will stay with them.

Here are some links that may assist you.

http://www.legalmatch.com/law-librar...t-lawyers.html

http://www.legalmatch.com/law-librar...ms-courts.html
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