A Soprano's Scratchpad

Saturday, August 19, 2006

Double-crossed!!

Ooooo....I am so mad. The defendant in my small claims case moved to Texas sometime within the last two months. So, my court papers came back to me "undeliverable." According to everything I have read online, I can still sue him, but I have to sue him in the county in which he resides. That's going to cost me a lot more than it's worth. The money I have already spent on this case is only recoverable if I am able to sue him and win the case. This is really frustrating, unfair, unjust. After all, he doesn't deny that he owes me the money. He just thinks it's funny that I can't do anything about it.

So, here's my next plan. Rather than sue him in Texas, I'll try to sue him on court TV. Eric watches those shows all the time when he's home after a night shift, so he got a kick out of this idea.

I submitted the case to two courts: People's Court, because it's my favorite; and Judge Hatchett, because she has a special heart for America's misguided youth and frequently uses her courtroom to snap some sense into young people headed in the wrong direction. I once saw an episode where an African-American mother brought her teenage son to court as an intervention because he was very smart and had great potential, but he was heavily involved in drugs and gangs. Judge Hatchett sent him to an African-American history museum for a day with another young man who had left gang life behind already. He learned all about the sacrifices his ancestors had made so that he could enjoy his rights as an American and do something meaningful with his life. (They showed clips from his day at the museum on the show.) His attitude next time he appeared in the courtroom was completely changed. I don't think my client is that "at-risk," but teaching him a lesson about life was part of my reason for suing him to begin with, so this would be a good courtroom for my case.

My reasons for suing were:
a) to recover the money he owes me.
b) to discourage him from cheating future sole proprietors, such as music teachers.
c) to teach him that failing to pay one's debts carries steeper consequences than failing to turn in one's homework. Better he learn it from me than later on from a credit card company or the like.

And I would still like to accomplish those three goals if I can do so without it costing me a lot of money. Eric says court shows pay the litigants to appear on the show. I don't have any great expectation that one of these courts will actually accept my case, let alone in a timely manner, but you never know unless you try.

I don't like being double-crossed.

3 Comments:

  • At 8/21/2006 11:45 PM, Blogger DenverSop said…

    Update!

    I visited the courthouse today and they said I can still sue him in Arapahoe County even though he moved because he lived in the county when the transactions took place. The papers will be served to him via certified mail. So, pray that he actually signs for them. This process is not nearly as entertaining as it started out to be last month.

     
  • At 8/22/2006 10:23 PM, Blogger DenverSop said…

    Ugh. I took the papers back to the court this afternoon. After sitting in the waiting area for 45 minutes, I got up to the desk and the lady took my papers and asked for the money to pay for the certfied mail service. I realized I'd left my wallet in the car and ran out to get it. When I came back in, that lady had left and I talked to a different lady who said that no, I could not sue someone who had moved out of state, regardless of where he lived when the transactions took place. I said, well no offense to you, but now I've been told two different things, so I'd like a third opinion. A tie-breaker, so to speak. No, she says, that is what the statutes say and everyone in this office knows that. I begged to differ. I'd been told twice in two days that I could serve the papers to Texas, most recently less than 5 minutes ago, so clearly not everyone in the office is of the same understanding. She looked at me like I'd made the whole thing up, and after a 45 minute wait, I was less than pleased. I was not rude or belligerent or in any way less than Christian, but I was really really hacked off, and it took every ounce of self-control I had not to...well, lose control.

    So, we're back to waiting to see if the court shows want the case. Otherwise, it's a write off and grumble.

     
  • At 8/24/2006 3:20 PM, Anonymous Anonymous said…

    You could try a collection agent if you're more into teaching the kid a lesson vs. actually collecting your money.

     

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