Someone owes me over $4000.00. written and oral contract was made for the funds being loaned 2 years ago. Him and his wife have agreed that is the amount was owed. instead of paying me off or doing a partial payment. with there income taxes they received about the same amount in which they owe me, they instead bought a mobile home fixer upper which they gotten for $100.00. and used the income tax funds to start fixing up the mobile home.(for a mobile home that cheap, would there be a deed or something as proof that they Own that property?) this person has a job and I am wondering if in small claims court if I can put a lien or have the trailer auctioned off and use garnishment of wages on him if I do win? whatever to get my funds paid back to me. They also have many items in there current home that may or may not be paid off(Rent-A-Center). like for ex. flat screen tv, game consoles, washer dryer, new above ground pool, tablets. it is clear that they have no interest in paying me back after iv given them hands fulls of cash and worked with them on helping a payment plan, we are going on almost 3 yrs that they have not paid me off. and I am done with them as friends and the money that is owed to me. So If I do throw the BOOK at them an take them to court, what and how would you think will be the best way to secure my funds. What are my chances of winning in court? what tools would I most likely use after I maybe I Do win ?
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$4k owed and they signed for it
- Thread Starter tallgeese
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Proserpina
Moderator
You cannot have his wages garnished.
You'd be limited to ... well, it's often an exercise in futility in Texas. It's perhaps the most debtor-friendly state out there. A judgment lien is possible, but you cannot force the sale of the property so you're generally stuck there, too.
You'd be limited to ... well, it's often an exercise in futility in Texas. It's perhaps the most debtor-friendly state out there. A judgment lien is possible, but you cannot force the sale of the property so you're generally stuck there, too.
disagreeable
Well-Known Member
You are bottom feeding. Perhaps it was a noble thing to lend them the money. That does not mean they are well off enough to pay it back or be collectable.
so in me having a written contract on the money being loaned, my State will not give me the correct tools or help or honor a contract. is there a difference in court cases on those tv shows? I see people get awarded up to 5k in the claims. do those people get their money or get awarded?
army judge
Super Moderator
Yes, on Judge Judy, Judge Mathis, etc... all participants get an appearance fee, meal and living expense money, paid airfare from their hometown to the location where the show is filmed, paid hotel, free transportation from home to departure airport and destination airport to hotel (and return), plaintiff gets a check for their TV award, and if defendant cross complains (and prevails) gets a check for his or her award, too!
Sheeple are fast learners, too. How do know? What do I mean? Paulie Plaintiff and Debbie Defendant are collaborating on cases, making up stuff to get picked for the show. Each case gets a set aside fund, let's say in Paulie and Debbie's case, its $15,000. Once expenses are deducted, there might be $12,000 remaining. Paulie prevails and gets his $7,000 award. Here's the neat part, the remainder ($5,000) gets cut in half. So, Paulie pockets another $2,500 plus his $7,000 and takes $9,500 home. Even old Debbie got a neat trip and pockets a cool $2,500 bonus. No one knows the exact amounts, but I have it on good authority, my numbers are not only in the ball park, they're sitting smack dab on 2nd base.
army judge
Super Moderator
Okay, OP, I hope you enjoyed my explanation about those great TV legal shows.
But, you came here for some other information, right, sir?
Well, here it is, "tallgeese".
What Texas' Statute of Limitations on Debt?
In our Great Republic of Texas our law doesn't specifically say that consumer debts have a statute of limitations.
However, all contracts do, and consumer debt falls under contract law in Texas.
Well, "tallgeese", let's discuss that contract you possess from DEADBEAT.
Texas' SOL on debt is four years.
You, "tallgeese", as the creditor have four years after the date of default to use the super, wonderful, just Texas legal system to collect on your debt
Sadly, "tallgeese", collecting even within the first four days of the default is very difficult in Texas.
You see, our constitution protects dummies and deadbeats, gamblers and whinos, too.
Constitutionally Texas protects the deadbeat's STUFF so the taxpayers of Texas don't get stuck caring for deadbeat's wife and children.
Sorry, even with that cool, pretty judgment from JP Court, its all but noncollectable.
The good news for you, you're probably barred by the SOL from pursuing a remedy anyway.
But, talk to your tax attorney or CPA.
You can write that bad debt off and get a federal tax credit for doing so. Check that out, "tallgeese".
But, you came here for some other information, right, sir?
Well, here it is, "tallgeese".
What Texas' Statute of Limitations on Debt?
In our Great Republic of Texas our law doesn't specifically say that consumer debts have a statute of limitations.
However, all contracts do, and consumer debt falls under contract law in Texas.
Well, "tallgeese", let's discuss that contract you possess from DEADBEAT.
Texas' SOL on debt is four years.
You, "tallgeese", as the creditor have four years after the date of default to use the super, wonderful, just Texas legal system to collect on your debt
Sadly, "tallgeese", collecting even within the first four days of the default is very difficult in Texas.
You see, our constitution protects dummies and deadbeats, gamblers and whinos, too.
Constitutionally Texas protects the deadbeat's STUFF so the taxpayers of Texas don't get stuck caring for deadbeat's wife and children.
Sorry, even with that cool, pretty judgment from JP Court, its all but noncollectable.
The good news for you, you're probably barred by the SOL from pursuing a remedy anyway.
But, talk to your tax attorney or CPA.
You can write that bad debt off and get a federal tax credit for doing so. Check that out, "tallgeese".
disagreeable
Well-Known Member
As an aside has anyone ever noticed the double entendre within SOL?
Proserpina
Moderator
Yes, yes I have. Hehe. Rather apt.
army judge
Super Moderator
army judge
Super Moderator
Oh, a,most forgot. There is one way you can stick it to that deadbeat, sir.
LOL, you'll love this one.
After the debt is written off, you can issue the deadbeat a 1099. Now, why would that make a creditor smile after he got stiffed?
With that 1099, you shove up his back door, the IRS is gonna consider that four grand, untaxed income. Uncle Sam wants some money when you make money. Hence, Old Uncle Sammy will assess a tax and penalty on that four grand. At any rate, stiffing Uncle Sammy ain't so easy. Hey, goose, we take what we can get.
Ask your tax guy how you do it, if you decide to go that route.
Some people even factor (sell the note) to other people who think they can make something off of it.
You won't get rich, but you might make enough for a meal and a couple drinks.
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