Collecting a debt from a "friend" in Florida

Collecting a debt from a "friend" in Florida

moose@seahunters.com (the moose)	2/19/2004 9:44:12 PM
Oh yea, I made the classic mistake. Now this guy owes me money, and refuses to pay. He borrowed the money last march to pay his property tax. I called him the other day and mentioned that I could go to small claims court. He said basically too bad. He has contacted fleetwood mobil homes and is trying to get a mobile home on the property. Is there a way to report his debt to the mobil home company? Can I report his debt to a credit reporting agency? Do I need to hire a laywer? Thanks,



"McGyver"	2/20/2004 1:21:26 AM
"the moose" <moose@seahunters.com> wrote in message news:c6147e98.0402192144.35e4d6d1@posting.google.com... Oh yea, I made the classic mistake. Now this guy owes me money, and refuses to pay. He borrowed the money last march to pay his property tax. I called him the other day and mentioned that I could go to small claims court. He said basically too bad. He has contacted fleetwood mobil homes and is trying to get a mobile home on the property. Is there a way to report his debt to the mobil home company? Can I report his debt to a credit reporting agency? Do I need to hire a laywer? You can sue. If the amount is small, sue in small claims court in Florida. If the amount is large, call a Florida attorney and sue in superior court. Reporting his debt to the mobil home company or to a credit reporting agency won't get you paid. If you want to do something like that for vindictive reasons rather than to get paid, I suggest that getting a court judgment and collecting on it will make you feel better and make him feel worse than anything else you could do. I suggest you sue or forget it. McGyver



hgoldste@mpcs.com (Howard Goldstein)	2/20/2004 8:11:38 PM
On 19 Feb 2004 21:44:12 -0800, the moose <moose@seahunters.com> wrote: : Do I need to hire a laywer? Yes. No. Maybe. Talk to one to determine which of the preceding apply. BTW there are no "Superior Courts" in Florida, not real ones (WRT an OP's post. The OP meant to say circuit or county court)



	2/22/2004 3:21:48 PM
McGyver wrote: "the moose" <moose@seahunters.com> wrote in message news:c6147e98.0402192144.35e4d6d1@posting.google.com... small fleetwood You can sue. If the amount is small, sue in small claims court in Florida. If the amount is large, call a Florida attorney and sue in superior court. Reporting his debt to the mobil home company or to a credit reporting agency won't get you paid. If you want to do something like that for vindictive reasons rather than to get paid, I suggest that getting a court judgment and collecting on it will make you feel better and make him feel worse than anything else you could do. I suggest you sue or forget it. Not a lawyer. Florida Sm. Cl. court does not allow suits on any debt for which interest is charged. Limit is $5000. If it's just a little over 5000 you may be best to just forget about the excess and sue in Sm. CL. for the 5000. Also be aware of the $20,000 counterclaim limit. If you are represented by a lawyer, there are potentially negative results in Florida Sm. Cl. court. Other side can initiate discovery agianst you.



"McGyver"	2/23/2004 10:22:32 AM
<thisisme@cotse.net> wrote in message news:dGhpc2lzbWU=.683877162f11b935a359b4b24ff569b5@1077481308.nulluser.com... Florida Sm. Cl. court does not allow suits on any debt for which interest is charged. Limit is $5000. If it's just a little over 5000 you may be best to just forget about the excess and sue in Sm. CL. for the 5000. Also be aware of the $20,000 counterclaim limit. That doesn't sound right. I have never heard of a $20,000 counterclaim limit or that a debt for which interest is charged cannot be brought in small claims in Florida. Where did you find those rules? McGyver



	2/24/2004 4:09:28 PM
McGyver wrote: <thisisme@cotse.net> wrote in message news:dGhpc2lzbWU=.683877162f11b935a359b4b24ff569b5@1077481308.nulluser.com. ... Florida Sm. Cl. court does not allow suits on any debt for which interest is charged. Limit is $5000. If it's just a little over 5000 you may be best to just forget about the excess and sue in Sm. CL. for the 5000. Also be aware of the $20,000 counterclaim limit. That doesn't sound right. I have never heard of a $20,000 counterclaim limit or that a debt for which interest is charged cannot be brought in small claims in Florida. Where did you find those rules? McGyver I thought I remembered them, but I was wrong. If the counterclaim is over 2,500 then it can be transfered to regular court.



hgoldste@mpcs.com (Howard Goldstein)	2/25/2004 1:11:33 PM
On Tue, 24 Feb 2004 16:09:28 -0500 (EST), <thisisme@cotse.net> <thisisme@cotse.net> wrote: : > That doesn't sound right. I have never heard of a $20,000 counterclaim : > limit or that a debt for which interest is charged cannot be brought in : > small claims in Florida. Where did you find those rules? : > : > McGyver : : I thought I remembered them, but I was wrong. : If the counterclaim is over 2,500 then it : can be transfered to regular court. Sorry, you're still wrong. Want to try for three?



	2/25/2004 2:12:13 PM
Howard Goldstein wrote: Sorry, you're still wrong. Want to try for three? OK, what is it then, and why?



hgoldste@mpcs.com (Howard Goldstein)	2/26/2004 2:29:15 PM
On Wed, 25 Feb 2004 14:12:13 -0500 (EST), <thisisme@cotse.net> <thisisme@cotse.net> wrote: : Howard Goldstein wrote: : : > Sorry, you're still wrong. Want to try for three? : : OK, what is it then, and why? <=15K. <=5K to apply small claims rules. Curious why you feel the need to anonymize yourself on this via cotse? Debt collection is a pretty routine sort of thing. I'll give you my why if you give me your why.



	2/26/2004 4:21:19 PM
Howard Goldstein wrote: On Wed, 25 Feb 2004 14:12:13 -0500 (EST), <thisisme@cotse.net> <thisisme@cotse.net> wrote: : Howard Goldstein wrote: : : > Sorry, you're still wrong. Want to try for three? : : OK, what is it then, and why? <=15K. <=5K to apply small claims rules. Curious why you feel the need to anonymize yourself on this via cotse? Curious why you feel the need to resort to thinly veiled insults? Debt collection is a pretty routine sort of thing. I'll give you my why if you give me your why. "Everybody's Guide to Small Claims Court" by Ralph Warner, published by NOLO, 8th edition.



hgoldste@mpcs.com (Howard Goldstein)	2/27/2004 3:52:57 PM
On Thu, 26 Feb 2004 16:21:19 -0500 (EST), <thisisme@cotse.net> <thisisme@cotse.net> wrote: : Howard Goldstein wrote: : : > On Wed, 25 Feb 2004 14:12:13 -0500 (EST), <thisisme@cotse.net> : <thisisme@cotse.net> wrote: : > : OK, what is it then, and why? : > : > <=15K. <=5K to apply small claims rules. Florida Statutes Chapter 34 and the Florida Small Claims Rules. : > : > Curious why you feel the need to anonymize yourself on this via cotse? : : Curious why you feel the need to resort to thinly veiled insults? It's not clear why having the pseudonamizer brought up is insulting. I refer you to Ward Christenson's second maxim of network interaction, "Do not be easily offended." : "Everybody's Guide to Small Claims Court" by Ralph Warner, : published by NOLO, 8th edition.



	2/27/2004 4:10:15 PM
Howard Goldstein wrote: On Thu, 26 Feb 2004 16:21:19 -0500 (EST), <thisisme@cotse.net> <thisisme@cotse.net> wrote: : Howard Goldstein wrote: : : > On Wed, 25 Feb 2004 14:12:13 -0500 (EST), <thisisme@cotse.net> : <thisisme@cotse.net> wrote: : > : OK, what is it then, and why? : > : > <=15K. <=5K to apply small claims rules. Florida Statutes Chapter 34 and the Florida Small Claims Rules. Could you be more specific? the NOLO book does not have page numbers on the appendix, but the reference is in the appendix under the "Florida" section. : > : > Curious why you feel the need to anonymize yourself on this via cotse? : : Curious why you feel the need to resort to thinly veiled insults? It's not clear why having the pseudonamizer brought up is insulting. Calling attention to a deficiency is usually considered insulting, even if the deficiency is well known. Errors concerning the subject matter are of course an exception to this rule, but why I "need" an anonymizer is not on topic. I refer you to Ward Christenson's second maxim of network interaction, "Do not be easily offended." Right back at ya. I am not a lawyer. I do not even see email sent to this address, due to past DOS attacks. If you wish to respond, do so through this newsgroup.



hgoldste@mpcs.com (Howard Goldstein)	2/28/2004 11:33:55 AM
On Fri, 27 Feb 2004 16:10:15 -0500 (EST), <thisisme@cotse.net> <thisisme@cotse.net> wrote: : Howard Goldstein wrote: : > : > <=15K. <=5K to apply small claims rules. : > : > Florida Statutes Chapter 34 and the Florida Small Claims Rules. : : Could you be more specific? The first dotted decimalsection at both of the following links should have the relevant bits you seek <http://www.flsenate.gov/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0034/Sec01.HTM> <http://www.flabar.org/TFB/TFBResources.nsf/0/5E3D51AF15EE8DCD85256B29004BFA62/$FILE/SmallClaimsRules04.pdf?OpenElement> : > I refer you to Ward Christenson's second maxim of network interaction, : > "Do not be easily offended." : : Right back at ya. Nope, not offended. Genuinely curious in that it was pretty neat to see SG's business model playing itself out outside of the usual anon/pseudonomous user haunts. : I am not a lawyer. I do not even see email sent to this address, due to : past DOS attacks. If you wish to respond, do so through this newsgroup. It's slightly ironic this came up, the last email flood I got here was through the "don't care" side of the remailer world. (Specifically _not_ from your provider, who actually appears to care about legit identity masking use.) I'd probably do what you do if I wasn't fortunate enough to have the targeted MTA sitting on the desk next to me.



	3/1/2004 2:07:47 PM
Howard Goldstein wrote: On Fri, 27 Feb 2004 16:10:15 -0500 (EST), <thisisme@cotse.net> <thisisme@cotse.net> wrote: : Howard Goldstein wrote: : > : > <=15K. <=5K to apply small claims rules. : > : > Florida Statutes Chapter 34 and the Florida Small Claims Rules. : : Could you be more specific? The first dotted decimalsection at both of the following links should have the relevant bits you seek <http://www.flsenate.gov/statutes/index.cfm?mode=View% 20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0034/Sec 01.HTM> <http://www.flabar.org/TFB/TFBResources.nsf/0/5E3D51AF15EE8DCD85256B29004BF A62/$FILE/SmallClaimsRules04.pdf?OpenElement> I believe I have tracked down the source of the error in the NOLO book. Rule 7.020 in West's FSA Has an annotation from 1975 that refers to the 2,500 figure. I bet they didn't update their books when the value changed to 5k. I'll fire off an email to them. : > I refer you to Ward Christenson's second maxim of network interaction, : > "Do not be easily offended." : : Right back at ya. Nope, not offended. Genuinely curious in that it was pretty neat to see SG's business model playing itself out outside of the usual anon/pseudonomous user haunts. Glad to hear that you are not offended. : I am not a lawyer. I do not even see email sent to this address, due to : past DOS attacks. If you wish to respond, do so through this newsgroup. It's slightly ironic this came up, the last email flood I got here was through the "don't care" side of the remailer world. (Specifically _not_ from your provider, who actually appears to care about legit identity masking use.) I'd probably do what you do if I wasn't fortunate enough to have the targeted MTA sitting on the desk next to me. Indeed. Email floods can be a problem even if you have an automatic procedure for handling them. Personally, I think there needs to be a radical redesign of the TCP/IP protocol. Expanding the address field is just not eonough. I am not a lawyer. I do not even see email sent to this address, due to past DOS attacks. If you wish to respond, do so through this newsgroup.

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