out of state suspension company issues - small claims court?

I don't mean to rain on your parade, I'm just a pragmatist. You got screwed and that sucks. Bastards need to pay, somehow. But, lawsuits are expensive, time consuming, miserable, inefficient processes. And that is from someone who does it for a living, for a long time. If you want to do it for the cathartic effect, and you'll feel better, have at it. But, if you really want $$'s out of it, and you hope to do it economically, efficiently and expeditiously, a lawsuit, in Florida small claims court, is NOT the answer, in this circumstance, I suspect. bad rep and 3 ft screwdrivers will be much more effective.

Good luck.

Cheers,

Dave

 

you hadnt seen vids of @Steeltoe standup wheelies ??

 

That is less than a 1/2 hour from me. Do I need to go shit in their fort?

 

Unless it’s a 12 o’clock, one handed wheelie, the establishment won’t be impressed.

 

You're much better off smearing his name all over social media, the BBB, etc., until he reaches out to you to fix it. If he doesn't care about his reputation online, methinks you're shit out of luck in terms of getting him to make it right.

 

No shitting. Fire man, Fire!

 

I was actually hoping it was someone I knew, so I could help. Konflict Alex Martens is not anyone I know..

 

....I see what you did there.

 

i guess all i can do in this situation is say i wouldn't recommend doing any business with them going forward. i learned my lesson. it would have been cheaper to get custom triple clamps made to fit the forks i want to the bike rather than get forks that fit the bike modified into something i want by supposedly competent shops.

 

I’m honestly surprised by this. They have a huge following in the off-road and adv world. They recently relocated to Texas from the pnw. Try digging in to their thread in the vendors section of advrider and maybe you’ll get some traction. sorry to hear about you troubles.

 

There are exceptions .....

 

Solid guy right here. Grinds engine mounts, thats how low he kornerz.

 

I've seen a few posts on here from you over the years. Had no idea you are a suspension guy. Who are you or what is your company, if you don't mind sharing? TIA

 

Agreed, I've won in small claims, before owing my business and it was virtually uncollectable. Try finding someone in S. Cal with a last name of Trong that doesn't want to pay their amount owed. I think I got two $25 payments out of an approx. $2500 judgement. In business now I've collected serveral times and have another guy that I won in court, he made a couple payments and I'm going back to court again. Another guy that has given me 2-3 bad checks on different accounts and now I can't even find him anymore.

It's a shame with all the courts and officers we have, there doesn't appear to be an easy way to collect from someone that is dishonest and doesn't believe in paying their debts.

 

VonHertell.com or VonHertell Road & Track on FB.

 

Once you have a judgment, can't you put a lien on any property they own?

 

This is rule #1 in the Ben Probst school of business.

 

Possibly, although I'm not sure? One scum I dealt with and cost me $5K, moved his business two different times while I was chasing him down and I got three checks from different accounts that were bad...with multiple excuses each time.

I would imagine if I were smarter about how the system works, I might be able to collect some of it. Bottom line he was obviously having business issues which is why he moved a couple times. The last place didn't know where he went and the banks couldn't/wouldn't give me any info.

In a big population center like LA, the police are too busy with other stuff so they don't seem to help. Heck the bookkeeper I had that defrauded me out of about $20K, I had all kinds of info on and she just disappeared. Sometime after that happened, I got a call from the used car place that she bought her car from and they were still tracking that car, and were calling me because she wasn't making the payment and they wanted to talk with her. I told the police and gave them the finance company number and nothing happened.

 

Ok, let's assume you have a valid, enforceable judgment. (Big, important assumption).

1. Domesticate the judgment wherever the debtor has property, i.e., file it and obtain a fieri facis. Once you've navigated that morass with the various clerks, proceed.
2. Find the debtor's property. Not so easy. Most deadbeats hide shit and put their stuff in various entities' other names. You need to have accurate and complete property descriptions. (Not so easy) Trying to levy on another entities' property, even if common owners, or having a slightly incorrect property description nullifies everything.
3. File your judgment lien. It needs to be proper form, etc., otherwise it is no good.
4. Congratulations - - you are now behind all the other liens, mortgages, UCC filings, etc encumbering that property. That means when and if the property ever sells (it may never, at least while you're hanging out), everyone ahead of you gets paid before you do, ASSUMING, the property sells for more than all of the indebtedness up to you. Or, you can foreclose, pay off al the hundreds of thousands of dollars of debt ahead of you and now you own the property (and all of its problems and taxes, etc) just to satisfy your thousand dollar judgment and debt.

Collection work sucks. I hate it and I don't do it. There are dozens of multi-day legal education courses and tombs of books published on the subject. It is complex and mind-numbing, largely in part because deadbeats work hard to keep and hide their stuff from deserving folks. If they'd devote such effort to doing their job well in the first place, there wouldn't be disputes and there would be little need for collections.

One thing I omitted to mention above is the fact of proving your case in order to first obtain a judgment. Ostensible plaintiff claims forks were returned marred. No doubt deadbeats will deny that, i.e., they will claim that is the way they received them. I doubt anyone took before photos and has an independent third-party who will swear to the before photo/condition and the received condition. You now have an evidence issue: a swearing contest; he said, she said. Who is to be believed? It is simply less than optimal. Welcome to trial work.

Cheers,

Dave

 

I am seldom willing to invest the time and inconvenience associated with obtaining a judgement against a dead beat tenant. When I do go that far, I make no actual attempt to collect. I just give the debt to a local collections attorney and tell them to have fun and keep the proceeds.