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We won against the restoration shop

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  • #16
    Rob is correct, having been in the collection field for almost 30 years, I have spent quite a bit of time working in the legal system. If your contract has a provision for attorneys fees and interest you can demand those in your pleadings. I suspect that the attorney took the case on a contingency, if it is more than 25% - 30% then the car owner may have gotten a bad deal.

    A judgment is simply a legal rendering that money is owed, it does nothing to force the defendant to pay. This is where I have the most fun, trying clever methods to collect. Debtor interrogatories are usually good, the Commissioner in Chancery can make them empty their pockets right there. Of course they are under oath when they respond (that is why it pays to have a court reporter) and I once had the Commissioner stop a guy I had a $90K judgment against and tell him he was going to be held for contempt if he didn't come clean (I was able to find an IRA and grab $58K, the government also had a judgment and never collected). Even better is when they ignore the summons and get picked up on a habeas and cool their heels in jail. [}]

    I have garnished wages, bank accounts and income from rental property, done levies, grabbed tax refunds, etc. While in Virginia "tools of the trade" are exempt, they are fairly narrowly defined. I would do a levy and once the guy knows you can sell his livlihood out from underneath him, he might be induced to pay.

    I didn't get the name "Guido" for nothing!

    As an attorney I worked with once told me "You are the best paralawyer I know".


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    • #17
      Guido, the body shop guys owns a few collector cars.

      JDP/Maryland
      64 Daytona HT/R2 clone
      64 GT R2
      63 Lark 2 door
      52 & 53 Starliner
      51 Commander
      39 Coupe express
      39 Coupe express (rod)

      JDP Maryland

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      • #18
        quote:Originally posted by JDP

        Guido, the body shop guys owns a few collector cars.
        My guess is that the cars aren't held by the corporation that was sued.

        JP, I'm glad your guy won and hopefully your guy gets something besides satisfaction. I just wouldn't be high-fiving until the money is in the bank (it rarely gets there in this type of case)


        Dick Steinkamp
        Bellingham, WA

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        • #19
          Ah, but i think the guy was a sole owner, not a corporation. I'll let you know how it come out in the end.

          JDP/Maryland
          64 Daytona HT/R2 clone
          64 GT R2
          63 Lark 2 door
          52 & 53 Starliner
          51 Commander
          39 Coupe express
          39 Coupe express (rod)

          JDP Maryland

          Comment


          • #20
            Guido, remind me never to make you mad! []


            [img=left]http://members.cox.net/clarknovak/lark.gif[/img=left]

            Clark in San Diego
            '63 F2/Lark Standard
            http://studeblogger.blogspot.com
            www.studebakersandiego.com

            Clark in San Diego | '63 Standard (F2) "Barney" | http://studeblogger.blogspot.com

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            • #21
              quote:Originally posted by showbizkid

              Guido, remind me never to make you mad! []
              ...and you'd better be on time with payment on any eBay item of his you are the high bidder on [^]...or else [xx(]



              [)]


              Dick Steinkamp
              Bellingham, WA

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              • #22
                quote:Originally posted by JDP

                Ah, but i think the guy was a sole owner, not a corporation. I'll let you know how it come out in the end.
                In that case how the suit was styled would make all the difference in the world. If the business was incorporated you would not be able to touch his personal assets unles you had been able to prove fraud (a high bar to clear).

                On the other hand, if the business was incorporated and their charter expired then you could sue him as a sole proprietor. I have done that several times and the defendant was surprised to say the least when I laid out the documents from the State Corporation Commission showing that they hadn't filed the annual report and paid the fees. [}]

                Don't give up yet. If you get stuck, let me know.


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                • #23
                  I need to check with my friend, but I think fraud was part of the ruling.

                  JDP/Maryland
                  64 Daytona HT/R2 clone
                  64 GT R2
                  63 Lark 2 door
                  58 Scotsman
                  52 & 53 Starliner
                  51 Commander
                  39 Coupe express
                  39 Coupe express (rod)

                  JDP Maryland

                  Comment

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