REVscene - Vancouver Automotive Forum


Welcome to the REVscene Automotive Forum forums.

Registration is Free!You are currently viewing our boards as a guest which gives you limited access to view most discussions and access our other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is fast, simple and absolutely free so please, join our community today! The banners on the left side and below do not show for registered users!

If you have any problems with the registration process or your account login, please contact contact us.


Go Back   REVscene Automotive Forum > Automotive Chat > Police Forum

Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

Reply
 
Thread Tools
Old 03-04-2012, 11:49 AM   #1
Everyone wants a piece of R S...
 
Join Date: Aug 2003
Location: Canoe
Posts: 373
Thanked 31 Times in 10 Posts
Small Claims Court Question

Has anybody actually had any success with suing someone in small claims court?

My concern is that once I receive the judgement, the guy will just not pay. What recourse do I have to guarantee that I will be reimbursed for filing costs, and the judgement? It's a pretty clear cut case and I know that I will win, as the guy has already admitted fault (I have the email proof) and has told me he is going to make restitution himself, however he has not paid me a dime, just given me numerous excuses as to why he can't pay me now.

I've read the information on the court website regarding small claims, and see that if the defendant doesn't pay, then he can be put in jail for contempt of court, but does this actually happen?

What's the best way to track someone down to serve them? The guy I'm looking for has since moved, he is still in town, but I don't know where his new residence is, and I only have his cell phone number and email.
Advertisement
Quicksilver is offline   Reply With Quote
Old 03-04-2012, 11:59 AM   #2
Hypa owned my ass at least once
 
winson604's Avatar
 
Join Date: Apr 2004
Location: Vansterdam
Posts: 6,725
Thanked 1,070 Times in 518 Posts
I don't know jack all about this stuff but doesn't it take 2 to dance? By that I mean doesn't he need to be in court too? I think the bigger problem is how to even get him there in the first place.
__________________
"back at the line to Babych.... LONG SHOT....Potvin had trouble with it....ADAM SHOOTS SCORES!!!!

GREG ADAMS!! GREG ADAMS!!"
winson604 is offline   Reply With Quote
Old 03-04-2012, 12:19 PM   #3
Everyone wants a piece of R S...
 
Join Date: Aug 2003
Location: Canoe
Posts: 373
Thanked 31 Times in 10 Posts
That was one of my questions. What's the best way to track him down, since I know he's still in town, and I have his phone number and email. Do I have to get a bailiff to serve him, or can I just get the information from somewhere else and serve him myself?
Quicksilver is offline   Reply With Quote
Old 03-06-2012, 08:36 AM   #4
HELP ME PLS!!!
 
6793026's Avatar
 
Join Date: Apr 2004
Location: BC, HK, USA
Posts: 5,732
Thanked 1,392 Times in 503 Posts
Can you explain me more. I have taken he guy to small claims and won and did proceed to the next step.

What you do is take his full name, his bank info and you go garnish his bank account / or take his salary.

You need this FULL info from which bank he goes. Say he owes you 2000, you go to the small claims court, gets a stamp and then go to the bank and drop it off. A few days later you will find out.

99% of the time, he owes you 2000, but he only has 300 dollars and the process is denied cause you can't do anything.

Sometimes it's just not worth it, but some times it's the principles.
__________________
Arguing on the internet is like running in the SPECIAL OLYMPICS.

Even if you win, you're still retarded.
6793026 is offline   Reply With Quote
Old 03-06-2012, 08:38 AM   #5
HELP ME PLS!!!
 
6793026's Avatar
 
Join Date: Apr 2004
Location: BC, HK, USA
Posts: 5,732
Thanked 1,392 Times in 503 Posts
Quote:
Originally Posted by Quicksilver View Post
That was one of my questions. What's the best way to track him down, since I know he's still in town, and I have his phone number and email. Do I have to get a bailiff to serve him, or can I just get the information from somewhere else and serve him myself?
Sorry if I didn't read but why did you take him to court? You can hire a bailiff to serve him but I believe you have to track him down, have a 3rd party to verify he is in fact "charlie Brown" and you serve. That's also the reason why you don't usually serve him yourself because 90% of hte time, he'll just run... etc.

As for "tracking him" this is where you need to know people in the bank. Long story but PM me and I'll explain it to you.
__________________
Arguing on the internet is like running in the SPECIAL OLYMPICS.

Even if you win, you're still retarded.
6793026 is offline   Reply With Quote
Old 03-06-2012, 09:31 AM   #6
Everyone wants a piece of R S...
 
Join Date: Aug 2003
Location: Canoe
Posts: 373
Thanked 31 Times in 10 Posts
I haven't taken him to court yet, but I am planning to. My biggest concern, however, is after I get the judgement against him, he's just not going to pay anyway, and I've just wasted a bunch of time and money in court.

Basically, what happened, some guy approached me about my truck for sale, and offered me a car and a quad as trade. I advertised both for sale on the internet, it turns out, the quad was stolen. It has since been seized by the RCMP and returned to the original owner. The guy sold my truck for next to nothing a few days after the trade. I have every email and text message correspondence with the guy, and it seems obvious now in hindsight that he knew the quad was stolen. I want my money in the value of the quad.
Quicksilver is offline   Reply With Quote
Old 03-07-2012, 09:41 AM   #7
HELP ME PLS!!!
 
6793026's Avatar
 
Join Date: Apr 2004
Location: BC, HK, USA
Posts: 5,732
Thanked 1,392 Times in 503 Posts
WOW. damn you better have all the information down because you have to prove everything to the mediator. Assuming you win, you are right, he still has to "want to pay you" and of course he won't. Bottom line, it IS waste of bunch of time and money. How much is involved? 5000? I had to do it for 3000 and I just let it go cause they guy is broke, so it was just a lost cause.

When you talk to the mediator, I would outright threaten the guy and say this at the very end. "As you can see Mr. Mediator, the total is $ XXXX dollars is owed to me and I want to garnish his salary at his work" The mediator can only approve you as the winner, but it's your job to fill paper work to garnish his salary (+ processing fees). But having said that, the guy might be scared to have you show up at his work and confront his boss / HR department so you can just call him up.

1) you need his full name
2) address
3) bank account info (bank address, location number etc)

Garnishing his salary is very hard, but garnishing his bank account is easier. You fill in piece of paper and you just drop it off to the bank, but he has to have enough money in the bank.



How much is it.
__________________
Arguing on the internet is like running in the SPECIAL OLYMPICS.

Even if you win, you're still retarded.
6793026 is offline   Reply With Quote
Old 03-07-2012, 09:57 AM   #8
Everyone wants a piece of R S...
 
Join Date: Aug 2003
Location: Canoe
Posts: 373
Thanked 31 Times in 10 Posts
The quad is valued at around $6500.
Quicksilver is offline   Reply With Quote
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off



All times are GMT -8. The time now is 12:02 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
SEO by vBSEO ©2011, Crawlability, Inc.
Revscene.net cannot be held accountable for the actions of its members nor does the opinions of the members represent that of Revscene.net