Jokerjen Posted March 18, 2010 Share Posted March 18, 2010 I have mentioned before how many times I have been screwed over by transactions on this board and I have finally had enough!Would you sue someone for less than $100.00? (Keep in mind that they would have to pay all legal fees and punative damages for lost income for having to close the store while dealing with this)For me, it has become more principal than anything else...when someone avoids it for months and you hear every excuse in the book.This money has been owing since long before Christmas.....I have given every opportunity to take care of this and have been more than patient.....There is so much more to it but I will save that for another time.I had given this person until tomorrow to pay up and if not, my lawyer would be serving papers.I will not mention any names until then, but will be advising people not to let this person in on any co-ops and will of course, be leaving negative feedback. Quote Link to comment Share on other sites More sharing options...
debscent Posted March 18, 2010 Share Posted March 18, 2010 If you want an honest answer, no. My time is more valuable than that. If you want to stand on principal find comfort in that you knew you did the right thing. No need to waste time with lawyer's and your time away from your business & familyu, etc. Bringing it to this board, yet again, only adds to your aggravation. Learn the lesson, don't buy from people on the board anymore since you have so many bad transactions. Would you keep going back to McDonald's if you got a bad meal every 2 or 3 times you went, and had one good meal? I would guess you would go to Burger King instead. Step out of the situation for a second, and what kind of advice you would give a friend if this happened to him/her, you may have a different perspective then. Good luck in finding a resolution you are comfortable with, even if it's within yourself. Quote Link to comment Share on other sites More sharing options...
deb426 Posted March 18, 2010 Share Posted March 18, 2010 I have to agree with Debscent. I would hate to have been taken advantage of but I don't have time for that kind of aggravation. And, at least here in the states, taking her to court and getting a judgment would still not put the money in your pocket. Not sure how it works in Canada, though. I know you said you would be doing it on principle but I think you are the only one who would be aggravated by the whole process. If she doesn't care about paying you, you are probably not the only one she owes money to. Leave bad feedback, send her a note telling her what you think, and move on. You'll probably be doing your nerves a favor. JMO Quote Link to comment Share on other sites More sharing options...
cybersix Posted March 18, 2010 Share Posted March 18, 2010 (edited) It's not simple in my opinion making a decision like this.I don't care to hear for names, but if this person acts like this for habit I think sooner or later she/he has to face the consequences. Let this person know what you think about her/him and move on will not make her/him learn any lesson.She/he will go on thinking taking advantage on others is normal, with no price to pay.Different is if the person is honest and is having real troubles.Mine is a general talking, I don't know the facts, just my thought on this.Good luck anything you choose to do. Edited March 18, 2010 by cybersix Quote Link to comment Share on other sites More sharing options...
Jokerjen Posted March 18, 2010 Author Share Posted March 18, 2010 In Canada, income tax & GST refunds can be garnished. And the other party would essentially be paying for my valuable time..because as mentioned all fees would be charged.For some reason this person seems to think I am made of money because I have purchased so much of the classies lately.....I think its the deal with, suck it up, I can get away with attitude that is making me so pissed off.There are so many reasons, that I will not get into..but sometimes you just have to make a stand.I'm not asking what you think I should do..I already know what I am going to do....I am just curious as to how many people would take that route.... Quote Link to comment Share on other sites More sharing options...
funkymonkey66 Posted March 18, 2010 Share Posted March 18, 2010 (edited) Ditto, what Deb said.I don't know if this person is in the US or in Canada but good luck trying to get someone from US to show up for court up there for less than 100.00 bucks or for any amount of money for that matter. Extradition for not buying something would be a first I think. All the fees etc and what, they "legally owe you" still does not mean they will ever pay it. I am sorry that this happened to you, I know how frustrating it can be.But think of it this way you probably can't force a sale so chalk it up to never doing business with that person again. If you have too many issues selling or buying then maybe you should consider taking your transactions to a place that has consequences for this type of thing. At least you can have some recourse. Don't you miss the days when a hand shake and your word sealed the deal? People lack integrity anymore. Edited March 18, 2010 by funkymonkey66 add Quote Link to comment Share on other sites More sharing options...
Jokerjen Posted March 18, 2010 Author Share Posted March 18, 2010 It's not simple in my opinion making a decision like this.I don't care to hear for names, but if this person acts like this for habit I think sooner or later she/he has to face the consequences. Let this person know what you think about her/him and move on will not make her/him learn any lesson.She/he will go on thinking taking advantage on others is normal, with no price to pay.Different is if the person is honest and is having real troubles.Mine is a general talking, I don't know the facts, just my thought on this.Good luck anything you choose to do.Exactly! And when the person can afford to still buy product for their business but not pay me...I have a major problem..I would be a business expense as well.Believe me for the amount of money owed, it COULD have been taken care of..this person just chooses not to make it a priority.And other than a select handful of people on here, I am done buying off the classies...I got burned too many times. Quote Link to comment Share on other sites More sharing options...
Jokerjen Posted March 18, 2010 Author Share Posted March 18, 2010 Ditto, what Deb said.I don't know if this person is in the US or in Canada but good luck trying to get someone from US to show up for court up there for less than 100.00 bucks or for any amount of money for that matter. Extradition for not buying something would be a first I think. All the fees etc and what, they "legally owe you" still does not mean they will ever pay it. I am sorry that this happened to you, I know how frustrating it can be.But think of it this way you probably can't force a sale so chalk it up to never doing business with that person again. If you have too many issues selling or buying then maybe you should consider taking your transactions to a place that has consequences for this type of thing. At least you can have some recourse. Don't you miss the days when a hand shake and your word sealed the deal? People lack integrity anymore. I think getting your money is easier here. If they are actually taken to court..and don't show up or refuse to pay..then they go to jail. Quote Link to comment Share on other sites More sharing options...
funkymonkey66 Posted March 18, 2010 Share Posted March 18, 2010 Really, Wish I lived up there then. I took someone to court because they took $1,800.00 of my money for classes and they closed up shop the next day. No clases, no refund just dropped off the face of the earth.I won the case, it's now 5 years later and I still have not seen a dime of my money back. Can't garnish his wages because he doesn't work and is on SSI, everything he owns is a joint asset with his wife so it's untouchable. I can't even put a lein on his house!You will find sometimes the law protect the criminals more than the law abiding citizens. Ass backwards if you ask me.Good luck. Quote Link to comment Share on other sites More sharing options...
cybersix Posted March 18, 2010 Share Posted March 18, 2010 You will find sometimes the law protect the criminals more than the law abiding citizens. Ass backwards if you ask me..Ah, this is what really makes the whole world just one place, LOL Quote Link to comment Share on other sites More sharing options...
Abbiepql Posted March 18, 2010 Share Posted March 18, 2010 Would you sue someone for less than $100.00? (Keep in mind that they would have to pay all legal fees and punative damages for lost income for having to close the store while dealing with this)Maybe I am missing something. You are going to hire a lawyer in the state this person lives in to file a claim in small claims court for $100 and fees in order to get a judgement. Do you know how much laywers in this country charge to prepare suits and appear in court for you? You can ask for fees and punative damages, but I believe (not a lawyer) a judge or jury only awards those, it's not a given - so you would invest all that time and money for a possible non-collectible $100 judgement? WOW that seems really extreme and beyond worth it even if in principal alone. Like I said maybe I am missing something. Sorry you got ripped off. Quote Link to comment Share on other sites More sharing options...
Jokerjen Posted March 18, 2010 Author Share Posted March 18, 2010 For those who missed it, I live in Canada...and things operate differently here. Quote Link to comment Share on other sites More sharing options...
funkymonkey66 Posted March 18, 2010 Share Posted March 18, 2010 Maybe I am missing something. You are going to hire a lawyer in the state this person lives in to file a claim in small claims court for $100 and fees in order to get a judgement. Do you know how much laywers in this country charge to prepare suits and appear in court for you? You can ask for fees and punative damages, but I believe (not a lawyer) a judge or jury only awards those, it's not a given - so you would invest all that time and money for a possible non-collectible $100 judgement? WOW that seems really extreme and beyond worth it even if in principal alone. Like I said maybe I am missing something. Sorry you got ripped off.Unless this person lives in Canada or is in the US, I think it's more of fear tactic for the "dead beat" to read the threat of suing and being outted here.No one from this country is getting extradited so going to court in the first place will be a non issue. If things do work differently up North and what Jen says is true, the woman should pay up or face some time behind Canadian bars LOL. Have you though of vigilante justice, heck it's cheaper! I am just kidding.I hate when people get ripped off, it leaves a sour pit in my stomach. I am sorry you have to deal with it. Quote Link to comment Share on other sites More sharing options...
southern.scents Posted March 18, 2010 Share Posted March 18, 2010 The first question in my mind (and probably one of the first out of a potential lawyer's mouth) is "why did you ship something without payment?" This kind of stuff happens ALL the time. You know how you can keep it from happening? Require payment BEFORE you ship an item. Quote Link to comment Share on other sites More sharing options...
Starr Posted March 18, 2010 Share Posted March 18, 2010 Exactly! And when the person can afford to still buy product for their business but not pay me...I have a major problem..I would be a business expense as well.Believe me for the amount of money owed, it COULD have been taken care of..this person just chooses not to make it a priority.And other than a select handful of people on here, I am done buying off the classies...I got burned too many times.Not to be cliche but... Those who live in glass houses should not throw stones and sometimes we need to learn from our mistakes. Lucky enough for you, in the grand scheme of things, less then $100 isn't THAT much. It's still messed up, unfair, and a variety of other less then savory things but it is a relatively small amount. Next time, don't ship without getting paid. Quote Link to comment Share on other sites More sharing options...
Jokerjen Posted March 18, 2010 Author Share Posted March 18, 2010 The only reason I shipped was because the product had been paid for and I had dealt with this person before on a few occasions. The money owed was for shipping and customs charges.And I'm not sure what you meant by your little anology..I don't owe anyone any money... Quote Link to comment Share on other sites More sharing options...
Starr Posted March 18, 2010 Share Posted March 18, 2010 If you'd like to discuss it, you can PM me. I still stand on what I said about shipping without receiving payment, in full, including shipping/handling/customs/etc... Quote Link to comment Share on other sites More sharing options...
beck180 Posted March 18, 2010 Share Posted March 18, 2010 I Have to agree that this would not be worth your time and effort to pursue. At the very most you could get a civil judgement against this person that really does not amount to much, there is no debtors prison here in the US and they will not go to jail for not paying you! No judge in the US would extradite someone to Canada for $100.... Forget about hiring a lawyer for damages less than $100 dollars, pretty sure most would not even take a case like that and even if they did your fees would far out way any compensation you might (or most likely not) get.Best case scenario...if everything went your way it could possibly affect there credit rating, but if they are as untrustworthy as you say they probably already have poor credit anyway and would not care.Live and learn, and never ship without getting paid ahead.B Quote Link to comment Share on other sites More sharing options...
Jokerjen Posted March 19, 2010 Author Share Posted March 19, 2010 We are BOTH in Canada....believe me if I could go after someone in the states, there would be someone on the top of my list..as well as a few other people's list. Quote Link to comment Share on other sites More sharing options...
ChrisR Posted March 19, 2010 Share Posted March 19, 2010 If this person lives in the US you will have to sue them in their state. This is a small claims case and no lawyers are allowed to appear for you. You will only get a judgement against them and in the long run may never see the money and you won't get money for the time you wasted in court. For $100, write it off as a bad business deal on your taxes. Or take them on Judge Judy! Quote Link to comment Share on other sites More sharing options...
kandlenutz Posted March 19, 2010 Share Posted March 19, 2010 My opinion is, if it makes you feel better, and isnt going to cost you money, then go for it! People need to be held accountable for their actions. The longer they get away w/ that behavior, the more it will continue. You wont get taken by this person again, but maybe you can save someone else from being in the same position. I am just so sick of ppl not being accountable, and that is in general, not just to this situation. oh, If I was in your shoes, i would probably do it too, I guess I would have to be in that situation to really know for sure then. Quote Link to comment Share on other sites More sharing options...
TxSioux Posted March 19, 2010 Share Posted March 19, 2010 If you're both in Canda & you can't live w/ letting it go, then rock on! It wouldn't play in the States, no matter how right you were. I have a personal friend who is a lawyer & (here) the rule of thumb is: anything under $6,000. is a total waste of time & money.Susan. Quote Link to comment Share on other sites More sharing options...
HeavenScentU Posted March 19, 2010 Share Posted March 19, 2010 I would sue....I feel the person that didn't pay you obviously doesn't care if their name is thrown all over this board. I have not been paid from large businesses that want to do a 30 day Net. Never to pay. No matter what I do. I have shown up in court and they have every stupid excuse you could think of, but the judge doesn't care and I win. I no longer will do any terms, if companies/customers don't pay at the time of ordering they won't get my products. All pay upfront now except one. Quote Link to comment Share on other sites More sharing options...
Jokerjen Posted March 19, 2010 Author Share Posted March 19, 2010 If this person lives in the US you will have to sue them in their state. This is a small claims case and no lawyers are allowed to appear for you. You will only get a judgement against them and in the long run may never see the money and you won't get money for the time you wasted in court. For $100, write it off as a bad business deal on your taxes. Or take them on Judge Judy! LOL Chris...(Judge Judy) but as I stated we both live in Canada. Quote Link to comment Share on other sites More sharing options...
sherry Posted March 19, 2010 Share Posted March 19, 2010 I am from Canada Jenn and I like to know who that person is so I don't have to dealt with in the future so let me know by PM. Quote Link to comment Share on other sites More sharing options...
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