Small claims court advice...

LordLo

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Jun 20, 2006
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Okay, here is the story. My ex-roommate owes me 2 months rent plus electric and cable. Total is about $1000. How do I go about getting his new address so he can get served with my small claims?

He supposedly moved to colorado, after he made his escape. Anyone know how to go about this?
 

jetjock

creepy-ass cracka
Jul 11, 2005
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Yeah, that would be a good start. That said there are many online firms that for $25 or so allow a one time search of dozens of types of database records. In fact Googling "skip tracing" returned 1,450,000 hits. In .07 seconds. The Net isn't just a global pornography network you know...
 

Mr.PFloyd

I am the Super Devil
Jun 22, 2005
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jetjock said:
Yeah, that would be a good start. That said there are many online firms that for $25 or so allow a one time search of dozens of types of database records. In fact Googling "skip tracing" returned 1,450,000 hits. In .07 seconds. The Net isn't just a global pornography network you know...
its not?!?!?!
 

Steve_N

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Mar 31, 2005
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www.cardomain.com
How long ago did he skip? If its more then 6 mos then Try Zabasearch.com Put in his name & state & it will pop up his address. There data base is updated via the credit agenceys & utilitity co's. So if he is renting & has utilities in his name he will pop up. Also do a search for family members, girl/boy friends name & hunt for him that away. Also you can call the local utilities co themselves but you will need his ss #. Any idea where he works, type of work he does or Does he go to college? You can have him served there. Some states will allow you to serve him at his last known address such as parents, past employer etc. by registered letter that anyone can sign. Proof of delivery is all you would need to stand up in court in some states such as mine Kentucky.

Good Luck
 

LordLo

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Jun 20, 2006
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Steve_N said:
How long ago did he skip? If its more then 6 mos then Try Zabasearch.com Put in his name & state & it will pop up his address. There data base is updated via the credit agenceys & utilitity co's. So if he is renting & has utilities in his name he will pop up. Also do a search for family members, girl/boy friends name & hunt for him that away. Also you can call the local utilities co themselves but you will need his ss #. Any idea where he works, type of work he does or Does he go to college? You can have him served there. Some states will allow you to serve him at his last known address such as parents, past employer etc. by registered letter that anyone can sign. Proof of delivery is all you would need to stand up in court in some states such as mine Kentucky.

Good Luck

About a week ago. =( He just up and left the day after I demanded that he at least help me pay the power bill. I tried calling him, but he changed his number. Man I'm so pissed.
 

fstoy

Soon to be Evil Twin
Mar 30, 2005
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Here in TX small claims court is a joke! I was going to take a guy to court for $5000.00 for a check he wrote me for a 88T i sold him....He blew up the engine, then i found out his check was written on a closed account.

Long story short i got FUCKED!!!!!!!!!!

I went in to file a calim, they told me it was going to cost $75 to file....The very next think that came out of the clerks mouth floored me! She told me that even if it were to go to court, and if they show up, its just a JUDGEMNET against them.....There is no way they can be made to pay!

Expensive lesson learned!
 

bgrieger

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Mar 30, 2005
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Doing these a fair bit at work, there are a few parts. First is service. If you are in a last known address jurisdiction, registered mail to his last known address is often enough to proceed. He could have it overturned by motion claiming he was never served, but that would require him to stick his head up, and that will give you the new location. The court may overturn the judgement, but will not toss out a case for incorrect service. Every jurisdiction is different however, so check yours.

The second is obtaining a judgement. This will cost between 50 and 500 dollars depending again on the fees of the local courts. Easy enough to obtain, it's mainly a paperwork and money exercise where he does not defend.

Finally, and this is the hardest part, you have enforcement. Even if you get a judgement, the court does not enforce for you. You need to find his assets and serve your judgement against. If it's out of your jurisdiction, it can be a nightmare. Of course, if you have judgement, it shows on their credit record even if you can't enforce (at least here it does). Makes loans, apartments and in some areas employment etc harder to obtain.You may get nothing but the satisfaction that the guy is going to get hassled for several years. Of course, if he has a bank account and wrote you a cheque, you can try to garnish the account...that assumes he has something there, and every enforcement you commission will cost you money whether they find anything recoverable or not.

In general, if you can't trace the guy cost effectively, it's often cheaper to just let it go until you can find him. It sucks, but the civil courts are only there to give you the tools to make things right...they don't actually do anything in and of themselves to make it right.
 

fstoy

Soon to be Evil Twin
Mar 30, 2005
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Texas
Steve_N said:
Very well put bgrieger. fstoy My 1st stop would have been the County Attornys office. Hit him up with Theft by Deception charge for the bad chack. In this case is a Felony.


Did that....This guy had his mom write the check...When i took it to the DA's office, she had 3 other checks out. They give her x amount of days to come in and pay... Here is the kicker. She had a couple of bad checks, so she was comming in to pay them one at a time.....As long as she was paying them off, they would not issue a warrent for her arrest.

Their reasoning was if she were in jail, she would not be able to pay off her bad debts!
The DA told me to take the check to the sherrifs office, and press felony charges for theft. The sherrif told me that all they would do is turn the check back into the DA for collection.
I just ended up taking the car back from the person i sold it to, kept their check, wrote it off to a lesson learned about taking a personal check!
 

Nick M

Black Rifles Matter
Sep 9, 2005
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Do you have documentation that says you both pay rent, such as both signed on the lease?

He can simply say, " you told him you would get the last two". What is your evidence that this is untrue?
 

LordLo

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Jun 20, 2006
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Nick M said:
Do you have documentation that says you both pay rent, such as both signed on the lease?

He can simply say, " you told him you would get the last two". What is your evidence that this is untrue?

Well the day I decided to talk to him about the bills I had already seen this coming... so I recorded our conversation with my MP3 player. I didn't look at the regulations to see if that was illegal or not, so I may not use it against him.

Besides, his name is also still on the month to month rent agreement, so I could intentionally screw him over by just moving out and not taking him off the agreement. He never gave them a 30 day notice, so he still owes rent according to the contract.

The only satisfying thing I did was give out his info to this rental company, which he rented a engine hoist and never returned. They called the cops and are supposedly contacting collections.