Quote:
Originally Posted by TheBestMan
and suing in smalls claim wouldn't recuperate the funds, it would simply produce a ruling that this guy owes(or doesn't owe) any money. That's the biggest misconception people have about small claims court is that they think if you take someone to it, you get paid. you don't. you just get a ruling, and if they don't pay after that, there isn't really much you can do if they are in fact busto.
Well you'd need to take the judgement to an enforcement officer to collect the funds. An enforcement officer could sieze his bank accounts, wages, real estate, automobiles, stocks, and bonds.
If he's busto now you can always collect later when he gets another job or whatever. If he's in fact busto then he's not going to willingly repay you anyways, so you might as well sue and hope to recover part of the funds in the future.
Sure, depending on his current assets, there's probably ways for him to avoid repaying a single cent. But the point is that you don't need to rely completely on his willingness to repay the funds, which is something that he will very likely never do unless he's given extra motivation to do so.
You might also be able to press for criminal prosecution for what he did here for closure.
Last edited by iDonkYoU; 06-28-2010 at 05:57 PM.