Don't want to get into details but I might have to take a matter into small claims court soon. I'm in Toronto. Basically I'm owed money (couple of thousand) but the other party isn't paying up.
Here are my thoughts on this. Take them for what you will...
Do this:
Drop by the offending party's place of work or abode unexpectedly, and sit down to have a chat with them on this subject. Move slowly and with great determination. Pull up a chair and sit yourself right in front of them. Look em straight in the eye, and ask them why are they doing this? Ask them why they don't want to resolve this situation at their earliest convenience? Just to make it all right?
While you're posing these questions to them, look them straight in the eye at all times....and don't ever blink. And don't say anything that might incriminate you or make them think you are threatening them. Just overwhelm them with your presence. Be in their face all of the time that you are there. Dominate them. Completely.
Your eyes are your best weapons. They are laser beams. Burn em straight through the back of the guys head. Smoke him where he lives. Never let up. The effect will be amazing (trust me on this).
If you are a wussy type, it might help to have a friend or two along for the ride. A big guy will help you to make your point. Two or more are even better. But they just need to BE there...without ever having to say or do ANYTHING. In fact...it's much better if they DON'T. Silent muscle is wayyy more threatening.
Let the silly ratf**k fill in the blanks for himself. His imagination will be running wild by this time. And he'll probably mortgage his house or sell his car to pay up and get you out of his life, ASAP. Nine times out of ten.
Small claims court, on the other hand, is an excersize in frustration. And barely worth the time. Most people who end up with court judgements against them NEVER pay up! They just laugh at you.
My method, on the other hand, almost always gets results.
Fear is a primal motivator. A basic human response. Use it.
It works.
Last edited by MacNutt; Feb 27th, 2005 at 05:55 AM.
Keep in mind that there is a cost now I believe in Ontario to file but you can recoup all costs if you win the case.
If it's a couple thousand, best to try to get the $$ in other ways a la MacNutt and/or writing legal letters. Sometimes a letter from a lawyer makes a big difference. I was being harrassed at my work and had a lawyer help me write up a letter (at no charge too as I wrote most of it - he just proofed) and the HR guy who was part of the whole old boys club fiasco who was protecting his buddy looked as if he had to change his pants after I handed it to him.
A nice combo is to do the MacNutt approach above then hand the letter at the end. Heh heh.
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Hi,
You've already probably settled the matter but I have been in a small claims court case as the plaintiff for almost two years now. It is very draining both emotionally and financially.My best advice would be try to settle out of court to save time and money. Even if you win the judgement, you have to try to get the money. If the person is broke, you've had it. If the person has a house you can put a lien on it. But if he or she has put the house in their mate's name, you'll be at a dead end. Best advice I received (but didn't listen to) was get what you can and next time don't extend credit. Get paid as a percentage of completion.
Good Luck,
Joe
There is a motion ( this is second hand knowlage so take it for what it is worth) that you can obtain before winning the judgement .- it is latin "mar le??? Mar ve??? " or something
If the person has no assets to seize
(you can't seize any thing with a morgage or has car payments) You ask that the person's bank account be frozen , ( rarely done ) but you can be a nice guy , and say that the debtor can draw up a list of of persons that are needed to pay for day to day living (hydro, water, etc) and withdrawls or cheques can only be made to these persons for amounts not exceding a certain figure. If you spell out that the person will not have any assets to sieze in the near future and you have tried every avenue to settle this before it came to this . the judge may grant it , even better if the other guy is a no show , make sure to have a small claims date before the motion hearing
It has been my experiance that it will cost you about 50% of the debt to collect it ( this is including your time , travel , court fees etc.)
Last edited by goobertech; Mar 21st, 2005 at 04:03 AM.
and be a "nice guy" ( you get to be an a**hole later , trust me)
If the deal was verbal , write down what was said etc , don't make it too wordy , think of the person reading it has a headache and does not like their job etc.
so just the facts ,
make that one sheet
second one is you completed the work and delivered it to them at this date your attempts to collect , phone calls , letters , e-mails your vists with the laser eyes etc. ( as I said , be nice , you do not want them to say they were going to dispute the amount but were afraid of you .)
if you have a letter or e-mails from them good , if not it is still ok
sending a Registered letter is good , it also shows that they recieved it and might be claimed as a legal cost ( i don't know) but it is cheap in comparison to no money
at the end of this section , note that in all your dealings (if it is true) that " Mr X" was aware of the debt ,never disputed the amount of debt ,the accounting there in ,or the work performed .
Keep it short , date , time , who you spoke to ( don't call more then once a day and not after nine pm and not at dinner ( if it is their home) )
do not make it word for word , a short account of the conversation
I.E. -----" On January 5 2005 I called mr X at home at 7;30 pm and discussed the debt at length. I made it clear he should pay it as agreed for i have delivered the work and he told me to fly a kite"----- or what ever , just none of this--- he said " bla", then I said" bla bla " then he said " bla bla bla" , so i said " bla b-bla bla bla bla " and then he yelled "BLA!!!!" -------
( the fun is later , a friend had a construction lien on someone's house for years then one day a lawyer calls, the people are selling the house , wants to know where he was . Could he drive over and hand him a cheque ( the money plus interest) , my friend( on his cell) puts him off saying he is washing his cat and could he call back later . , plays hide and seek with the lawyer for nearly aweek . Finally the debters wife shows up on the door step with flowers and in tears and the cheque , the guy who owed the money is sitting in the car , buldging vein in his temple, both hands in a death grip on the wheel , staring straight forward , looking like he was about to have a stroke... for my friend that was worth more then the money.)
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