Suing? :(

[Lix]

Ok, first of "suing" is a funny looking word. <br /> <br />Second, I post way to many topics lately. <br /> <br />Now to the point: has anyone ever "sued" before? Does bringing someone to small claims court fall in that category anyway? <br /> <br />It looks like I am heading that route and I find it unfortunate. To be honnest, I'm scared. I don't want to have to do this but it seems house sales can be quite complicated. We've tried to settle issues with the seller but he is ignoring us (even going through lawyers). Fact is, I may get stuck with +/- 10K repairs. I can't believe it. Depending what the estimates come back as, I'll have to see which way I want to go (small claims court only goes up to 10K) <br /> <br />I don't really know what I'm asking. <img border="0" src="smileys/smiley6.gif" border="0"> I'm just bummed that I got taken advantage of. My lawyer said that even if we do bring the seller to small claims court, he may not necessarily pay (by claiming he has no $) even if the judgement comes back in our favour. What is the point of bringing someone to court if they can get away with not paying either way. <img border="0" src="smileys/smiley5.gif" border="0"> <br /> <br />I don't even know what to do. <img border="0" src="smileys/smiley6.gif" border="0">

[Ruth]

That really rots. Never been on either side myself, but best of luck.

[Lix]

Thanks ruth. I imagine it will be ok. I still really love the house and it's not like the whole place is a wreck so it will be ok one day but financially this is really going to hurt. <br /> <br />And maybe it's cause I'm still young and innocent but it seems when you grow up, you just find out more and more how dishonnest and misleading people can be. <br /> <br />I'd like to go back to being a kid when I thought "suing" happened in the movies and that everyone that was nice was your friend. <br /> <br />Super bummer. <img border="0" src="smileys/smiley6.gif" border="0"> <br /> <br />

[MacnRio]

Lix, I'm in the same boat.&nbsp; Well, not with a house, but with having to sue to get $$ out of people. Payment for custom combining.&nbsp; Two people have been 3 months without payment - both owe me roughly $9000.&nbsp; They will both be getting a "demand"letter from my lawyer this week.&nbsp; The one thing in my favour is, the one party owing me $$ is trying to sell their farm.&nbsp; I put a lien on their farm (which I can do after I get a judgement) no one will buy it.&nbsp; I phoned to make sure they got my bills, the said yes. I asked when I could expect payment. The response? "I don't know, I'm trying to sell the farm". That could take YEARS <IMG src="smileys/smiley3.gif" border="0">. I need the $$ NOW. They wanted their crop off, they should have the $$ very soon after, once they sell the crop.&nbsp; I know it was a bad year, but I need to make a combine payment!
The other individual is one of my SO's relatives who sucks with $$.&nbsp; I've told my SO I'm suing them too.... Tough crap.&nbsp; I WANT MY $$.
Now Lix, you've got me nervous...&nbsp;My lawyer&nbsp;never told that they might not have to pay if they don't have the $$ (my SO's relative has very poor money management skills and has no $$, but lives like they have millions).&nbsp; Then again, she did say I could put a lien on "property" they own.&nbsp; That way, if they ever try to sell something they have to pay the lien first.
The even more crappy thing is it costs us even more $$ to hire the lawyers, etc. <IMG src="smileys/smiley5.gif" border="0">
Good luck! If you want to chat/rant PM me!&nbsp; Another one of your posts I'm going to pay close attention to!

[Sodapoppers]

It depends Lix. Did he do a survey? Did he tell you something was 'right' when it wasn't? If there was any problem in the past that occured the seller must let you know (ie. if there was a crack in the basement wall 10 years ago) and if he fails to tell you about this he can be held responsible.

[Sunny Side Up]

A judgement awarded on paper often turns out to be just that...paper.&nbsp; You hear it all the time...so and so was awarded a $5 million settlment, but ten years later they still havent received a dime.&nbsp; Not pointing this out to scare you, but it is a reality you&nbsp;should be aware of.&nbsp; Suing someone in small claims court is&nbsp;much cheaper than litigation through a lawyer, because you do most of the legwork on your own, but it all depends on what you think your time and effort&nbsp;are worth and whether you're prepared to stay the course.

[AWSgurl]

I took some one to small claims court, and won the suit, they stated that they didn't have any money to pay me, so the judge made them give me posted cheques to cover the cost and all their banking info...(name of bank, account number etc) and told them that a lien will be put against the&nbsp;house until all fees are paid. I got all money owing......it was a long process to finally get it, but it was worth it in the end....<IMG src="smileys/smiley14.gif" border="0">
I say go for it, if you are entitled&nbsp;to the money owing, why should you suffer........<IMG src="smileys/smiley2.gif" border="0">

[Lix]

Oh, I'm so glad I'm not the only one that's been through something like this! <br /> <br />MnR, so you are going through this right now? It's so crummy eh. I don't understand why things should get to that point. And you have 2 different people to go after... At least like you said, one has a farm but still, I understand, they owe you. <br /> <br />It's ridiculous how much trouble you have to go through for something you were entitled to in the first place (you $, me honnesty on a big structure issue). <br /> <br />About the not paying, it's not that they are <em>allowed</em> not to pay, but just that there is not really any retribution if they don't. (Just like SSU said. Thanks SSU! <img border="0" src="smileys/smiley1.gif" border="0">) That's what I'm afraid of. Paying $ for a lawyer to help me fight this, and then having to pay more $ just to get the cash out of the guy when I get the favourable jugdement. (which I'm pretty sure I would get). <br /> <br />MnR: Are you using a litigation lawyer to go to small claims court? I don't know if I should even attempt this alone... I'm just afraid if I use a lawyer that I will end up losing more money. <br /> <br />SP - For real estate (in my area anyways) the seller had to fill out a questionnaire stating what problems he is aware of. It touches everything from applicances to septic systems. It should have been declared on there. I'm not afraid of winning, I know we will (he put the house up for sale in June 04, and there was a sheet of drywall with a July 04 date covering the crack in the basement <img border="0" src="smileys/smiley3.gif" border="0">), but I don't want to be losing money on it. <br /> <br />We are getting some foundation experts to come give us a quote on how much it will cost to repair. The wall bends in a little bit where the crack is <img border="0" src="smileys/smiley3.gif" border="0">. Often times it can be 10k + to repair so that will be higher than small claims. But I don't want to jump to conclusions yet. It's really sad cause the mortgage we got was a budget stretch and money is very tight now. Had we seen this at the inspection, we probably would not have bought simply cause we can't afford 10K of repairs.&nbsp;&nbsp;&nbsp;&nbsp; <br /> <br />AWS- that's encouraging to hear that it worked out for you!!! It will give MnR and I hope! <br /> <br />

[babytigger]

well...aside from suing my former employer for wrongful dismissal (still waiting for a court date), i haven't sued anyone. and yes, it's true, if the person/company does not have the $$, you get squat. sure a lien on the property is nice & inconveniences them somewhat, but still gets you no cash. they can't just claim they have n $$, they will have to prove it. <br /> <br />my mother was fired, wrongfully, from a job some years ago. she went to court, won a large settlement, but never got a dime. the company she'd been fired from was going bankrupt - they had proof of their "financial hardship" <br /> <br />i would also ask that whomever you are suing be responsible for all legal costs incurred from the matter. sure i'm suing a former employuer, but if i win, they also have to pay legal costs for me. serves them right! <img border="0" src="smileys/smiley15.gif" border="0">

[Arcadia]

You guys may or may not get the legal costs back and not necessarily the full amount. <br />I went through a huge court case involving contracts/property and it took a year to get through court and $30,000.&nbsp;&nbsp;&nbsp;Thankfully we won and got almost all of our money back but it was still one of the most stressful times of my life. <br />

[MacnRio]

Lix, I am using a lawyer. I"m hoping that a "demand" letter (they get so many days to pay me before I go to court) will scare them enough that they will come up with the $$ to pay.&nbsp;If I recall correctly, the letter will also state that they will have to pay my court costs.
My hope with the one selling their farm is that they HAVE to give me the $$ before they get any $$ from the sale of their farm. Down side is that could take years......
The relative of my SO does own a farm, and has a very nice, expensive tractor that I will put a lien on <IMG src="smileys/smiley4.gif" border="0">.&nbsp; And, I know he could sell it and make MORE then what he owes me.&nbsp; Hmm, I wonder if I can "reposess" the tractor as payment?
Lix, it does suck. Yeah, that is the frustrating part.&nbsp; They want the "service", they know they owe me, and would know ahead of time how much. So they sell their crop (corn/soy beans) and give me what I'm owed, but POOF it's all gone...... RIGHT <IMG src="smileys/smiley7.gif" border="0">

[PerfectAngel]

Hey Lix
We are having the same sort of problem with our tractor...we bought a Jinma (it comes from china, never EVER get one) from a dealer and we asked what the warrenty covered when we bought it. He e-mail us that it was a major parts warrenty, so that was OK. We bought teh tractor and had a few problems like most do when they're new, but then we had bigger problems that we shouldn't&nbsp; have had, like the transmission crapping out. So, we told the guy, hoping he'd honour his warrenty and lo and behold he told us that no, it doesn't apply because we "abused and neglected" the tractor (which is sooo not true, it lives in a heated garage...). So now we are suing him for the cost to replace/reapair the tranny (including labour) which he quoted as being $5500. So far, it's not getting anywhere fast....

[loki]

&nbsp;It is horrible when you are taken advantage of! good luck Lix!

[GEARS]

If you are going to small claims, you do not need a lawyer... <br /> <br />why not hire a PARALEGAL instead to help out? <br /> <br />They will be CHEAPER, and will do everything for you... <br /> <br />I used a Paralegal a few years ago...what would have cost over $1000, only cost me $200... <br /> <br />