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Lawyer Ladies...I need advice!

Hi girls, if I remember correctly...there are a few lawyers on this board (NQB?)Here's my situation:FI used to own his own business, and he sold it last year. The person who he sold it to signed a legal contrat to pay FI to total amount due by April 2009. He ran into a lot of financial troubles and couldn't pay, so FI tried to come up with a payment plan to help this guy out. The guy fell off the face of the earth for 3 months and wouldn't return FI's calls and emails, so we decided to take him to court for the money. My quesiton is this: does anyone have any advice for us? I know FI got all the paperwork and what-not but is there anything we can do to make this as painless as possible?TIA!

Re: Lawyer Ladies...I need advice!

  • edited December 2011
    The only advice I can give is that you might want to post this in a busier forum like P&E, you'll actually get answers there.
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  • edited December 2011
    Hi there sorry to hear about your situation.  What state and how much money are we talking about ballpark (less than $10k?).  The most important thing is do you have any way of finding this guy?  What kind of assets were transferred?  Was there a lawyer involved in the original sale?
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  • edited December 2011
    OK I saw the other post you made about going to small claims court in CO so that answers half of my questions.  In my experience the clerks can be really helpful in guiding you through the process so I would call them and ask about the procedure.  The only big issue I can see is not being able to locate the guy to serve him but there are process serving companies that can help with that. 
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  • edited December 2011
    Thanks NQB here's some more info:Yep, we're in Denver COIt's not that much money: he still owes $2000, but this is really over the principal of the matter (and we could really use the money with the wedding and all...)What he actually bought was all of FI's Machinery for screen printing, software, smaller supplies (ink, film, screens...) and FI's advice for the first year.FI still has all his contact info, and we actually heard back from him when FI told him he was going to court (making the same lame excuses, he has a full time job, and still can't manage to come up with a small monthly payment?), so we know he's still around. Is there just a legal clerk's office in the county building? How would we find them?thanks so much for your help!
  • edited December 2011
    Every court should have a clerk assigned to work in that court. If you call the small claims court (in GA it's the municipal court, but could be different in CO), there should be a clerk of court there that can walk you through the procedure. In my experience with small claims, it's usually fairly easy to get a judgment (especially if you have documentation, which it sounds like you do), but not so easy to collect on it. Once you obtain a judgment against the guy, I'd go directly to the clerk and ask for information on garnishing his paycheck or putting a lien on his house or some process to ensure you are able to collect your money. They should be able to help you fill out the paperwork to do that as well. Good luck!
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  • edited December 2011
    What Acro said. Good luck!
    TTC since 07/11 Me: 32 AO PCOS/DH: 32 Lowish count/motility IUI#1-3 = BFN (Clomid, Clomid-->Femara, Injects) IVF#1 ER on 9/24 19 ER/19 M/9 F w/ICSI Transferred a 5AA and a 5BB on 9/29 Beta 10/9 = 139 Beta 10/11 = 287
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  • edited December 2011
    thanks ladies! FI is going to the courthouse this week.
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