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I run a business in Ocean County and have a customer who, despite promises to do so for about 10 months, has failed to pay for services we provided him. I'm thinking of filing a small claims suit against him at this point, since it's a nice chunk of money and it's extremely irritating playing this game with him.
My one question: I've filled out the forms and will go to the court office this week, but I'm not sure where to direct the court to send the papers. I have his business address, but he's hardly ever there. His mother often runs things day-to-day and he has other employees as well. One time when I sent him a bill certified mail, he never signed for it. I do not have his home address.
If anyone has ever filed one of these things before, any advice would be helpful. I'm also unsure as to whether I should name him individually in the lawsuit or simply the name of his business.
I run a business in Ocean County and have a customer who, despite promises to do so for about 10 months, has failed to pay for services we provided him. I'm thinking of filing a small claims suit against him at this point, since it's a nice chunk of money and it's extremely irritating playing this game with him.
My one question: I've filled out the forms and will go to the court office this week, but I'm not sure where to direct the court to send the papers. I have his business address, but he's hardly ever there. His mother often runs things day-to-day and he has other employees as well. One time when I sent him a bill certified mail, he never signed for it. I do not have his home address.
If anyone has ever filed one of these things before, any advice would be helpful. I'm also unsure as to whether I should name him individually in the lawsuit or simply the name of his business.
Thanks!
Name his business. Direct the mail to his business address, and if he doesn't show up it's his problem. You have to go to the county court in the county in which HIS business resides, by the way.
If it was the business that owes you, rather than an individual, then sue him as a dba, unless, of course, it's a corporation. Have you tried to look him up with a search engine?
There are more, but these are ones I've used - if you want more, google "free people search"
Quote:
Originally Posted by VeradoDan
Hi Everyone,
I run a business in Ocean County and have a customer who, despite promises to do so for about 10 months, has failed to pay for services we provided him. I'm thinking of filing a small claims suit against him at this point, since it's a nice chunk of money and it's extremely irritating playing this game with him.
My one question: I've filled out the forms and will go to the court office this week, but I'm not sure where to direct the court to send the papers. I have his business address, but he's hardly ever there. His mother often runs things day-to-day and he has other employees as well. One time when I sent him a bill certified mail, he never signed for it. I do not have his home address.
If anyone has ever filed one of these things before, any advice would be helpful. I'm also unsure as to whether I should name him individually in the lawsuit or simply the name of his business.
I run a business in Ocean County and have a customer who, despite promises to do so for about 10 months, has failed to pay for services we provided him. I'm thinking of filing a small claims suit against him at this point, since it's a nice chunk of money and it's extremely irritating playing this game with him.
My one question: I've filled out the forms and will go to the court office this week, but I'm not sure where to direct the court to send the papers. I have his business address, but he's hardly ever there. His mother often runs things day-to-day and he has other employees as well. One time when I sent him a bill certified mail, he never signed for it. I do not have his home address. Try looking for his home address at yellowpages.com ....if you have his name you might find his address there.
If anyone has ever filed one of these things before, any advice would be helpful. I'm also unsure as to whether I should name him individually in the lawsuit or simply the name of his business. Name BOTH !!!
Thanks!
Give BOTH addresses.....the court will continue to serve the papers at both locations till they can serve him personally. I have done this a few times in Camden and Burlington Counties.....you can DM me with questions if you like.
Be aware that collecting on a small claims judgment can be extremely difficult if you are dealing with a professional/serial deadbeat. Those types don't care about their credit, have few/no assets, and know nobody will spend $3,000 to collect $3,000 owed to them.
I once sued a contractor who defrauded myself and several other people. We all sued at roughly the same time, and he promptly declared bankruptcy which overturned our judgments. He had no W-2 job, didn't own a house, probably kept his money in cash, etc. so there was no way to go after him.
Be aware that collecting on a small claims judgment can be extremely difficult if you are dealing with a professional/serial deadbeat. Those types don't care about their credit, have few/no assets, and know nobody will spend $3,000 to collect $3,000 owed to them.
I once sued a contractor who defrauded myself and several other people. We all sued at roughly the same time, and he promptly declared bankruptcy which overturned our judgments. He had no W-2 job, didn't own a house, probably kept his money in cash, etc. so there was no way to go after him.
Ouch. That doesn't sound like this guy's M.O. Honestly, I think he believes he can get away with not paying me because I'm a young guy who is new to owning his own business. In addition to owning his retail business in Ocean County (which I won't name publicly for obvious reasons) he's also a full-time employee of a public utility company and has a wife, kid, etc. and owns a home.
My business is running a local magazine, and the product/service he bought from me was advertising. I've seen him repeatedly advertising in much larger publications for some time that (I assume) wouldn't keep running ads for someone who doesn't pay up. I know I didn't! So I don't think he's a deadbeat, I just think he doesn't want to pay me. But who knows! At least this stuff will stay on his credit report if he doesn't pay up. It's not any kind of life-changing money or anything, but it's just annoying that he owes it to me and thinks he can get away with not paying.
I've been through this. I named his name and his business name & address. Like someone said if he doesn't show it's his problem. Be prepared to argue your case and if he doesn't show then the judgement will be in your favor. Make sure you bring a copy of the invoice to show the judge.
Just getting the judgement isn't enough. You have to pursue the judgement by filing the correct paperwork and getting someone to collect for you. Hopefully you can find out his bank. I have a judgement in my favor in Ocean County and never collected. I had the bank name and account numbers but there were no funds. From what I understand it is very difficult to collect from self-proprietors because there are no wages to garnish. I attempted to put a lien on his car but he had no registered vehicles (in his name) in the state.
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