if i take him to small claims court he will not show up. when he is informed by the court thru the mail that he has lost a default judgement he will probably cut me a check. can I refuse payment (out of spite) and let the judgement sit on his credit report?
2006-09-28 07:35:01 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Don't refuse payment. Let him pay you. Then the matter is settled. Donate the money to a charity or something.
2006-09-28 07:42:43 · answer #1 · answered by IT Pro 6 · 0⤊ 0⤋
He could probably just deposit the money with the clerk of the court and file a motion to have the judgment show as satisfied, but it would still be on his credit.
Is it really worth the time you are going to have to put into it?
There are alternatives to small claims; you could send the account to a collection agency. That would probably be easier and more effective, but they will take a percentage of what he owes.
Good luck!
2006-09-28 07:44:42 · answer #2 · answered by www.lvtrafficticketguy.com 5 · 0⤊ 0⤋
No you cannot. He can tender payment to the court clerk & the judgment will be satisfied. But, your judgment will also include your court costs and interest. Don't accept a penny less than the full amount. If your purchase order includes the right to attorney fees for collection, hire an attorney & let him add those fees.
2006-09-28 07:52:33 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Go to any legal law library, and download a demand for payment letter. Fill it out and have it noterized, then deliver it to him in person. Make sure that you put in the demand letter that not only does he have x amount of time to rectify this matter, but if you have to take him to small claims court, that you will make sure that he will be paying for all your court costs and lawyers fees as well as his and the bill that it owed. Nine times out of ten, when you go this route, you get your money owed to you PDQ.
2006-09-28 07:40:01 · answer #4 · answered by airgame12 2 · 1⤊ 0⤋
No. He could claim that you are in violation of the Fair Credit Reporting Act and you could be fined or sued for damages if he is denied credit.
2006-09-28 07:47:02 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Good call, If he makes the effort to right the wrong, court ordered or otherwise, you must cease and desist all attempts to even the score. You can, however, make an attempt at additional damages that he may have cause if you have evidence to prove that he caused them.
2006-09-28 07:43:31 · answer #6 · answered by T-Luv 4 · 0⤊ 0⤋
You could, but if he tries to pay and you refuse payment just to hurt his credit, he has the perfect right to sue you for damages!
2006-09-28 07:40:05 · answer #7 · answered by Anonymous · 1⤊ 0⤋
that won't help you any... cash the check... the default will stay on his credit report for years even after you cash the check...
2006-09-28 07:43:03 · answer #8 · answered by Andy FF1,2,CrTr,4,5,6,7,8,9,10 5 · 0⤊ 0⤋
Take the Money and run... Besides "those who anger you conquer you", don't let him win.
2006-09-28 07:45:36 · answer #9 · answered by Anonymous · 0⤊ 0⤋
you stupid *** ***** >>> i was asking the question from a different perspective...I'm not in the Army...*****...NOW you man UP!!!!!
2006-09-28 09:36:48 · answer #10 · answered by confused23 2 · 1⤊ 0⤋