Go to court or not?

doityourself · Jan 26, 2009

I have a situation on my hands and need some other insight.

I have a mobile home I currently do not live in, but have a mortgage payment on. I owe about $9000.

Last October I had a guy and his wife purchase the trailer, I am acting as the bank on the deal, he signed a contract to pay me $500 per month, purchase the trailer as is, sign the contract with the park management for the pad fee etc.....

We agreed there were some things that could be done to fix up the trailer, he wanted to take out some of the ceiling, beef it up to handle the swamp cooler, put in new carpet etc.....Well, he tore out the ceiling, an interior wall, all the carpet, didn't make his December or January payment, didn't complete his contract with the park management, moved into the trailer across the street from mine. Never returned any of my phone calls or text messages from December till the middle of this month. Now he has moved his wife and 4 kids out of the trailer park completely, who knows where they live.

So my problem is, I've got a trailer that is torn apart, a broken contract, and 2 months worth of payments I have to come up with. My lawyer has sent him a letter stating the legal actions we can take, but will it do me any good to take this guy to court? Sure, I'll win the judgement, but what does that get me, is there any way the courts can make him pay?

What would you do?

1911 · Jan 26, 2009

In short you cannot get blood from a turnip and civil judgements are just about worth the value of the paper they are written on in a case like this. Unless the guy has an asset you can lien don't waste your time.

Support the United Foundation for the Liberation of D13er.

kilowatt · Jan 26, 2009

Take the party to Judge Judy maybe she can help you.

Brian

bobcatbess · Jan 26, 2009

LAST EDITED ON Jan-26-09 AT 06:33PM (MST)[p]I ONLY GOT MAD ENOUGH ONCE TO SUE SOMEBODY!!!

DECIDED I WAS GONNA SUE HIS ASS!!!

FILLED OUT THE PAPER WORK & WASTED A BUNCH OF TIME!!!

TALKED TO THE JUDGE ON THE SIDE!!!

HE TOLD ME I WAS IN A BIG LINE!!!

I SAID BIG LINE???

WTF???

TOLD ME THERE WAS 50+ PEOPLE THAT HAD SUED HIM THAT HADN'T GOT A DIME OUT OF HIM EVEN THOUGH THEY HAD JUDGEMENTS AGAINST HIM!!!

I SAID #### IT,I GUESS I STILL AIN'T SUEING SOMEBODY!!!

BUT I WILL GUARANTEE YOU THIS!!!

THIS LOWLIFE SOB BETTER BE CAREFUL HE DON'T RUN IN TO ME SOMEWHERE ON NEUTRAL GROUND!!!

I WILL POUND EVERY RED CENT OUT OF HIM & HE WON'T BE IN GOOD SHAPE WHEN I GET DONE COLLECTING!!!

GOOD LUCK doityourself!!!

"I'M NOT COMPLAINING,I'M TELLING IT THE WAY IT IS,SOME OF YOU MAY NOT LIKE IT,THATS O.K.,SOMETIMES THE TRUTH HURTS & YOU HAVE TO ACCEPT IT,OR YOU FIND OUT WHAT THE FACTS ARE,STAND UP & VOICE YOUR OWN OPINION,THIS IS STILL AMERICA THE LAST TIME I CHECKED"!!!

REMEMBER!!!

THERE'S ONLY ONE bobcat!!!

eelgrass · Jan 26, 2009

It sounds like you're in the same situation as every lending institution in America.

I would let it go, pick up the pieces and start over.

Eel

YukonDall · Jan 26, 2009

SORRY BESS, I WAS HAVING SOME TYPE OF D13er FLASHBACK SESSION....JUST TRYING TO GET A RISE OUT OF YOU SINCE PRO WOULD NOT PLAY WITH YOU MUCH.....FEEL FREE TO EXPRESS YOURSELF....THATS WHEN YOUR AT YOUR BEST,,,,,,,,YD.

B_F_E · Jan 26, 2009

Is this your place, do it yourself ?

bobcatbess · Jan 26, 2009

OK YukonDall!!!

I'LL CHANGE MY TUDE!!!

WHEN I RUN IN TO HIM!!!

I'M GONNA SHOW HIM HOW MUCH I LOVE HIM!!!

IS THAT ANY BETTER???

((( }> }> }> }> }> !!! )))

"I'M NOT COMPLAINING,I'M TELLING IT THE WAY IT IS,SOME OF YOU MAY NOT LIKE IT,THATS O.K.,SOMETIMES THE TRUTH HURTS & YOU HAVE TO ACCEPT IT,OR YOU FIND OUT WHAT THE FACTS ARE,STAND UP & VOICE YOUR OWN OPINION,THIS IS STILL AMERICA THE LAST TIME I CHECKED"!!!

REMEMBER!!!

THERE'S ONLY ONE bobcat!!!

LESGO54 · Jan 26, 2009

find out where he lives and beat the everloving he// out of him, it will make u feel better. i did this once and it worked for me then i threw his ass out my rent house

Apexmtnman · Jan 26, 2009

My wife and her sisters had a similar situation happen to her. Her mother had some guy living with her in a trailer in AZ. Her mother died, the boyfriend said he wanted to buy the trailer. They agreed on a price and he never made one payment. We had to serve him with a vacate notice, then he still had 30 days to move out. He left the day before we were going to have the Sheriff throw him out. To make a long story short they got a judgement against him for about 1200 bucks but the constable said he had no assets in his name. They spent about 800 bucks on court and lawyer fees and didn't get one red cent out of the lowlife. I say don't waste your time or money, like they said you can't get blood out of a turnip.

deepforks · Jan 26, 2009

id let it go and chalk it up as a learning experience. you would obviously win a judgement against him. the thing is, doesnt sound like he would/could pay up. his credit will go to $hit if he doesnt pay (it probably already is). so what does he care. just find out where is lives, get drunk and take a baseball bat to his gremlin and call it even. and by gremlin i mean his car....not his wife!

rugarm77 · Jan 26, 2009

Risk vs reward. I say walk away and move on. You could spend money on legal fees, however the att is the only one who gets paid in the end. Jason

bobcatbess · Jan 26, 2009

JUST BECAUSE YOU WIN IN COURT DOESN'T MEAN YOU WIN!!!

JUST KNOCK IT OUT OF HIM!!!

"I'M NOT COMPLAINING,I'M TELLING IT THE WAY IT IS,SOME OF YOU MAY NOT LIKE IT,THATS O.K.,SOMETIMES THE TRUTH HURTS & YOU HAVE TO ACCEPT IT,OR YOU FIND OUT WHAT THE FACTS ARE,STAND UP & VOICE YOUR OWN OPINION,THIS IS STILL AMERICA THE LAST TIME I CHECKED"!!!

REMEMBER!!!

THERE'S ONLY ONE bobcat!!!