Good luck to you.

+4

OK, I won a judgement against the shop owner for the entire deposit plus court costs.  Plus it earns 5% per year until he pays it.  Looks like I will have to go through more legal hoops and spend more money in order to actually collect the cash, though.

MustangSteve wrote:

My small claims court trial is today.  I am suing the guy that botched up the floors and cab mounts on my 66 F-100.  I retrieved the truck before he could damage it any more.  He had spent nothing on it other than some welding wire he had some kid melt all around the floor, not necessarily holding anything together. 

He kept my deposit that was supposed to be spent on materials, so I am suing to get it back. 

Next time I see you, remind me to tell you about my experience suing Prestige Ford in Garland in JP court. 
 

The only REAL PROPERTY this guy will ever own is the dirt on his shoes, but that is a good thought.

MustangSteve wrote:

OK, I won a judgement against the shop owner for the entire deposit plus court costs.  Plus it earns 5% per year until he pays it.  Looks like I will have to go through more legal hoops and spend more money in order to actually collect the cash, though.

Please answer me this MS;  Did you include the cost of filing and the cost of service in the amount that you sued for OR did the Judge add that at the end?  If so, what documentation did the Judge require to add those amounts?

The reason I am asking is because I am encouraging my Son In Law, in Lubbock, to sue a window tinting business for ruining my daughter's rear window defroster.  It requires the replacement of the window to fix it.

In Oregon, there is a place on the filing form to list the costs of the filing fees and the service fees.  There is no such place on the Lubbock County Small Claims filing form.  Your county might be different.

One problem in not having those fees listed on the filing form is that if the business decides to settle before the matter goes to court, those fees are not listed on the notification he got.  I have already told my SIL not to settle without including those costs.
 

Last edited by boomyal (10/28/2014 9:12 AM)

MustangSteve wrote:

OK, I won a judgement against the shop owner for the entire deposit plus court costs.  Plus it earns 5% per year until he pays it.  Looks like I will have to go through more legal hoops and spend more money in order to actually collect the cash, though.

Did the Perp even show up?  If so, what did he offer in his defense?
 

MustangSteve wrote:

Boom, there is no specific place to list the filing fees in the claim.  I just listed actual loss plus all related court costs.  Since I have all the receipts from filing the case, and the court does as well, the judge just added all of those onto the award without even having to ask.

There are certain  forms you can fill out when you are filing your suit to have the court/constable  collect if you win a judgement...It happened to me about 20 years ago...and the only time in my life I was on the wrong end ...one day exactly 45 days ( the appeal period) after I lost a $100 court case on a technicality ( I believe he had connections inside the court ) the constable came to collect the $100...of course I paid him on the spot...to make a long story short the constable used to be my barber when I was a kid,career change I guess...we had a long talk....jj

MS - Congratulations, hope you don't have too much trouble collecting. 
The one thing I take away from your experience this is that getting quality work performed is not just a problem in the northeast.