[samsamsam]

(06-25-2014 10:25 AM)Quintus Curtius Wrote:  

I'm surprised that your legal advisor said that it would cost upwards of $5000 to do this. Collection attorneys and firms usually work on contingency, meaning that they take a percentage of what they recover. You may have to pay a bit up front for filing fees, but $5000? Bullshit. They just don't want to take your case and are quoting you high fees as an excuse.

Frankly I call bullshit on that. It shouldn't be that much. You can find a decent collection attorney to file an action against him in the county where he resides in. In all likelihood, he won't contest it and you'll get a judgment against him. Then they can slap a lien on his assets or bank account, or pursue other aggressive collection activities against his fucking ass, like garnishing wages, or even haul him into court for a "debtor's exam" which is an examination under oath to see where his assets are. Debtors hate this, and it is a real inconvenience.

If you think he has your merchandise, look into a "replevin" action, which is a civil action to recover property.

In extreme situations, you might even be able to do the nuclear option in collections work: the involuntary bankruptcy. That is, forcing his ass into bankruptcy. This is very rare, but you never know...

And yes, small claims is also an option. But many counties have cap limits on what you can go after. In my county here, the limit is $5000. Anything above that, you need to go to District or Circuit court.

Good luck.

But at this stage you can at least refer it to a collection agency, which costs you nothing.

QC is right. I helped a friend get some info and the agency I spoke to said the fee was 25% on what is collected. 40% on what is collected if they have to go legal. And since they are in the business of collections they have lawyers in house or a working relationship so I don't think their legal costs are as much as yours would be as a guy off the street.

Regarding forcing someone into BK, where I am I think you need 3 parties to do it. So if you can find a sufficient number of other creditors, you could do that.

Unfortunately, my cruel side is coming out. But if they guy has been disrespectful (and I hate that when they are clearly wrong and get defensive), then you put your foot on his throat. BK him. Then you have a good story to joke about but also use to warn others. All you need to do is light someone up once, a sacrificial lamb, and people will know better.

You don't even need to successfully complete the BK, just starting the process shows some nerve.

This is where my favorite expression comes to mind, "Do not mistake my kindness for weakness."

Punish him.