small claims court (credit report, house, purchaser)

[dozeberrypillboy]

Hello,

I wanted to ask if anyone knows about small claims court, how it works, how serious it is and stuff like that.

My story:

I opened a bank account about 7 months ago, during that time I was cleaning out my garage and selling a bunch of things online that I did not need/want anymore.

I sold some baseball cards to a guy in VA, the deal we worked was that he would send the money first plus enough to ship the cards, in the form of a personal check.

I recieved the check,deposited it into my bank account and mailed the cards 2 days later.

The guy calls me a few days after I mailed them and tells me that he still did not get the cards and that he was worried I stole his money. I assured him that I did send the cards and to wait a few more days.

The next day the guy cancelled the check he sent me and because it had not cleared yet was able to do so.

The cards arrive at his house 2 days after that, so he calls me up and apologizes and sends me another check for the same amount as the first one plus 100 bucks extra for my trouble.

I figure that everything is fine at this point since these kinds of things happen when you do business online.

So then a few weeks later I get a certified letter from my bank telling me that I owe them $491 plus a $25 fee because of the check the guy cancelled and that if I do not pay them they will seek further action.

I figured this was some kind of mistake or oversight ect and tossed the letter in the trash.

6 months later (today) I had a sheriiff knock on my door and serve me with a small claims action against me by my bank, stating that I am being sued for the $491 plus fees and court costs.

The paper work I got, states that I gave my bank a worthless check, deposited it, withdrew the money and never settled up with them. I do not understand any of this.

My question(s) are:

what should I do ?

Do I have to show up for this court date and what will happen if i dont ?

Can this small claims action be turned into a criminal case ?

How serious is this matter and how serious could it become if I do not comply ?


Thank you for any help, info or advice that gets posted.

[dragon_fly_12]

If you don't show up, the bank wins by default.

Sounds like you made a pretty bad mistake by 1. not following up with the check deposited, and 2. not taking care of the situation before the bank filed suit. If they win the judgment, you will be responsible to pay the balance, the judgment will stay on your credit for 7 years (showing as "paid" if you take care of it, "unpaid" if you don't), you most likely will have a hard time opening a new bank account later on, and (the kicker), if the bank wins, they have the ability to then take the next step to garnish your wages, tax return or other existing bank accounts / assets to recover the amount due should you decide to not pay in full.

The problem is: when you sign up for a bank account, you are contracted to the fine print. The fine print states if you deposit funds that are not covered (in this case, he canceled the check), you are responsible to pony up the missing funds if you already spent the money. They also have the ability to charge you fees for however long your account shows a negative balance.

Now, you can offer to pay the outstanding balance prior to the court date, and this would dismiss your case - then you don't get the judgment against you.

[arbyunc]

Originally Posted by dozeberrypillboy

Hello,

The cards arrive at his house 2 days after that, so he calls me up and apologizes and sends me another check for the same amount as the first one plus 100 bucks extra for my trouble.

I figure that everything is fine at this point since these kinds of things happen when you do business online.

You already had the money from the first check, right? Then you got another check for the same amount, plus $100? You had over twice as much money as you should have, and you thought everything was fine???

Regardless, you should contact the bank and offer to pay them what you owe.

[Del to Corn]

Bought tix from someone, paid cash, have a hand written receipt and original tix. Concert was cancelled, and Ticket Master credited the original purchaser. Person not only has our money for a show that didn't happen, but got reimbursed for the tix too. Any thoughts? Thinking small claims court. Think I have a good chance. Bought tix for double what they cost due to sold out show! Thanks!

[Carolina_native]

Originally Posted by dozeberrypillboy

Hello,

I wanted to ask if anyone knows about small claims court, how it works, how serious it is and stuff like that.

My story:

I opened a bank account about 7 months ago, during that time I was cleaning out my garage and selling a bunch of things online that I did not need/want anymore.

I sold some baseball cards to a guy in VA, the deal we worked was that he would send the money first plus enough to ship the cards, in the form of a personal check.

I recieved the check,deposited it into my bank account and mailed the cards 2 days later.

The guy calls me a few days after I mailed them and tells me that he still did not get the cards and that he was worried I stole his money. I assured him that I did send the cards and to wait a few more days.

The next day the guy cancelled the check he sent me and because it had not cleared yet was able to do so.

The cards arrive at his house 2 days after that, so he calls me up and apologizes and sends me another check for the same amount as the first one plus 100 bucks extra for my trouble.

I figure that everything is fine at this point since these kinds of things happen when you do business online.

So then a few weeks later I get a certified letter from my bank telling me that I owe them $491 plus a $25 fee because of the check the guy cancelled and that if I do not pay them they will seek further action.

I figured this was some kind of mistake or oversight ect and tossed the letter in the trash.

6 months later (today) I had a sheriiff knock on my door and serve me with a small claims action against me by my bank, stating that I am being sued for the $491 plus fees and court costs.

The paper work I got, states that I gave my bank a worthless check, deposited it, withdrew the money and never settled up with them. I do not understand any of this.

My question(s) are:

what should I do ?

Do I have to show up for this court date and what will happen if i dont ?

Can this small claims action be turned into a criminal case ?

How serious is this matter and how serious could it become if I do not comply ?


Thank you for any help, info or advice that gets posted.

Sorry this is an outdated reply, but you should ALWAYS respond to a summons/complaint (commonly known as a lawsuit). If you do not respond, the plaintiff will get a judgement entered against you and will win the case by default. If you fail to pay the judgement, your assets can be seized such as a lein on your property. A judgement will remain on your credit report for up to 7 years! You forfeit many of your rights as a defendant by refusing to show up in court.

Civil actions such as small claims court are just that - civil. And this cannot turn into a criminal case.

[snytz]

I live in colorado and bought some carburators from a company in north carolina can I sue them in small claims court and win

[snytz]

I live in colorado and bought some carburators from a company in north carolina (online)can I sue them in court and win

[rjharpsterjr]

Classic Scam.

You got cheated with bogus check and they got the goods.

[BC1960]

Originally Posted by rjharpsterjr

Classic Scam.

You got cheated with bogus check and they got the goods.

I think in the ensuing 7+ years, he's probably figured that out.