Should I or Should ...
 
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Should I or Should I not?

 
billd
(@billd)
Trusted Member

I had a dead beat tenant that owes me about 3000 for his stay in my apartment. I left island and called and called. He did not return my calls. He has a family here in STT and a pool business. Should I take him to small claims court? Or should I chalk it up to me being a class a sap?

By the way when I cam back to island left the day before. And I don't have an address for him, just his cell number.

billd

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Topic starter Posted : November 15, 2010 11:40 pm
loungestx
(@loungestx)
Advanced Member

What do you have to lose?

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Posted : November 16, 2010 12:06 am
Edward
(@Edward)
Trusted Member

Keep detailed records of all attempts to reach him. Then take the records to Small Claims Court.

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Posted : November 16, 2010 12:08 am
Uttica
(@Uttica)
Advanced Member

Take him to smalls claims court. If he has a pool business here, you can pay to have the marshall's serve the subpoena.

Don't be a sap, don't be a victim. It will take time, but at this point what do you have to lose?

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Posted : November 16, 2010 12:09 am
STXjill
(@stxjill)
Advanced Member

Should.

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Posted : November 16, 2010 2:15 am
stjohnjulie
(@stjohnjulie)
Trusted Member

Yes, take him to court.

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Posted : November 16, 2010 4:59 am
speee1dy
(@speee1dy)
Expert

agree, sue him in small claims court. you were being way to nice to begin with.

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Posted : November 16, 2010 10:41 am
stcmike
(@stcmike)
Advanced Member

yes take him to court

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Posted : November 16, 2010 11:01 am
Neil
 Neil
(@Neil)
Trusted Member

....And tell him you're going to post his name and company name here if he doesn't do the right thing.

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Posted : November 16, 2010 11:01 am
Molly
(@Molly)
Advanced Member

Please post his name so that others like myself who rent out our place will be aware of who this person is.

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Posted : November 16, 2010 2:51 pm
IslandPilots
(@IslandPilots)
Advanced Member

Just remember, just because you win a judgment, doesn't mean you will ever see a dime. If he is a deadbeat, then he will likely continue to be a deadbeat. But I agree, assuming there is not more to this story than we know, take the deadbeat to court.

I have to ask though, I've always had to pay rent forward, and had a security deposit, and sometimes last months rent too in the past. So how does one get 3000 behind without being booted out?

FYI (sidebar)- once someone has established good rental references and job references I disagree with 1st, last, and security. I refuse to pay more than security and 1st now. I completely understand FLS for new islanders, as so many come and go and you have to protect your interests.

🙂 I wish you the best of luck getting your cash. I agree, don't be a victim!

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Posted : November 17, 2010 6:30 pm
honey
(@honey)
Advanced Member

Curious, at what $$ amount is small claims court feasible. As IslandPilots says "Just remember, just because you win a judgment, doesn't mean you will ever see a dime." What is the point of small claims court? damaging reputation? what are the alternatives?

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Posted : November 17, 2010 11:25 pm
glynnswife
(@glynnswife)
Advanced Member

small claims court takes almost a year to have your case scheduled but still think it is worth it

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Posted : November 18, 2010 11:09 am
Hiya!
(@Hiya!)
Trusted Member

If the guy owns a car or a house, you can put a lien on it, so eventually you will get paid. Otherwise you have to rely on the court marshal to get the money from the guy and they are worthless at it. So if he owns something I definitely say it's worth it. I would just make sure you absolutely have a good case where you can prove it all.

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Posted : November 18, 2010 1:34 pm
beachy
(@beachy)
Trusted Member

If you have info on a bank account you can attach that...if you kept a copy of a rent check or such...

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Posted : November 18, 2010 3:53 pm
IslandPilots
(@IslandPilots)
Advanced Member

If the guy owns a car or a house, you can put a lien on it, so eventually you will get paid. Otherwise you have to rely on the court marshal to get the money from the guy and they are worthless at it. So if he owns something I definitely say it's worth it. I would just make sure you absolutely have a good case where you can prove it all.

This is true, but requires yet another day in court after you do not receive payment.

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Posted : November 18, 2010 4:55 pm
Hiya!
(@Hiya!)
Trusted Member

So what? Everything requires more effort here and in general that's just life. It someone steals from me I'm definitely going to do everything to get my money back. Also I believe if you take them back after they agree to a payment plan the judge can do more to them. Not sure, but I'm currently on my second go around with a bad contractor. Do not use David Parker, he is a teef.

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Posted : November 19, 2010 2:16 pm
MockoJumbie
(@MockoJumbie)
Active Member

Small Claims Court sounds like your only recourse. What stinks is that the time and effort you put into following through with the matter, if you choose to, is with unfair irony, probably going to cost you $3,000 of time, thought, and action, to pursue and rightfully collect that same amount due to you. I hope you get the money back, but to to actually feel satisfied by the outcome I think you will have to be convinced that principle has prevailed. And yes, go public. Good luck!

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Posted : November 21, 2010 11:59 pm
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