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Some people need their $200 and can't afford to wait and hope to get it. Grieving (if they are) people who have let a business fall into ruins will have a large pile of problems. If you want to get your problem to the top of their pile - this strategy will work.
What the auction business is basically asking the OP to do, is give them an interest-free loan, with no payment plan. What does the OP get out of that?
Anyone with an LLC in NYC knows this. So, would you agree to this as a business person? Would you advise a client to do this as a successful business strategy?
You don’t understand that no one has access to the assets of the business until it goes through probate.
The family is in mourning and OP wants to file a small court claim after only a few weeks? Over only 2-300 bucks?? Chump change IMO and I'm sure you'll get you "mega millions" in due time after the family has had time to get over their grief.
Patience grasshopper. Have some patience and compassion.
You don’t understand that no one has access to the assets of the business until it goes through probate.
Unless it doesn't need to go through probate. Which is something some people here don't seem to understand. If the business was co-owned by the other family members, probate is not required. If it was included in a trust or living will, etc., it doesn't need to go through probate.
So, can someone objecting to my ideas prove that probate is absolutely required? And if not, why it would be cheaper to get to a judge any other way than small claims court? Nope.
And what I failed to mention is that if the OP wins in small claims court, then he/she can ask to have their court costs reimbursed by the losing party.
And, I'd like to also mention that it's not difficult to collect from a business or landlord. If you get a judgement, and the landlord won't pay, you can arrange to have the sheriff collect their rent checks or their bank assets, etc.
So, if they still have a source of income, the sheriff will grab it before they can put it into the bank, and if it's already in the bank, you can get their bank accounts frozen in order to get your judgment paid.
So, can someone objecting to my ideas prove that probate is absolutely required? And if not, why it would be cheaper to get to a judge any other way than small claims court? Nope.
Of course no one can prove anything about the parties in the OP. No one here knows them or any details about the situation. Probate is required when the assets are in one person's name. But not even the OP knows that.
Quote:
Originally Posted by NoMoreSnowForMe
... ask to have their court costs reimbursed by the losing party.
... have the sheriff collect their rent checks or their bank assets, etc.
... get their bank accounts frozen in order to get your judgment paid.
Yes, let's go scorched earth on someone with whom you've done business for years whose husband and father just died. You forgot to recommend that as a parting shot she should leave a scathing review online.
The OP can certainly do ALL those things. However, she should at least wait till the flowers on the grave have wilted.
And what I failed to mention is that if the OP wins in small claims court, then he/she can ask to have their court costs reimbursed by the losing party.
And, I'd like to also mention that it's not difficult to collect from a business or landlord. If you get a judgement, and the landlord won't pay, you can arrange to have the sheriff collect their rent checks or their bank assets, etc.
So, if they still have a source of income, the sheriff will grab it before they can put it into the bank, and if it's already in the bank, you can get their bank accounts frozen in order to get your judgment paid.
I have never heard of collecting debts from a business after its (assumingly) sole proprietor passed away. I can't imagine any judges allowing this to happen so easily, but, every state does do things differently so I can't say it never happens. I only hope your comments are based mostly from a one-time experience or too much Judge Judy.
Whatever that may be, OP can check the website for registered corporations at the state where the business is held. It should tell you if the business has a co-owner or not, and whether it has been dissolved or not. I would go with that first and confirm before making further contact. If the wife or someone else is the co-owner, then sending a 30-day demand letter is not atypical so at least that person is put on notice.
If the business only had 1 owner and he is deceased, well... I would talk to an attorney for further advice if you want your $200 back that badly. Btw, unless you have some very convincing documentation proving that it was sold for more than $200, you will have a harder time convincing the judge why you should get more for that item. And like many had already mentioned, winning a judgment does not mean you will be able see any of that money by the time all the assets have been liquidated and creditors paid.
Btw, unless you have some very convincing documentation proving that it was sold for more than $200, you will have a harder time convincing the judge why you should get more for that item. And like many had already mentioned, winning a judgment does not mean you will be able see any of that money by the time all the assets have been liquidated and creditors paid.
If you read my post, you'd see that the point of writing the letter and asking for the moon is to kick them in the butt to produce proof of what the items actually sold for, and then you can collect it.
The point is not to get more than that, other than court fees.
The entire strategy is to get paid what's owed and quickly. That's all. This strategy will wake them up, get them off their butts to produce documentation that proves they "only" owe the OP x dollars.
Yay! Now, we know exactly how much they owe, and they'll probably be really happy when the OP says, "great, that's all I really want, so just write me a check for that amount plus my court costs and this will go away."
And at that point, the auction people will be super relieved to just give the OP what she wants.
It's strategy. It's a way to get what you want without having to pay for an attorney.
It's easy and cheap and maybe even free.
It forces them before a judge without any lawyers allowed.
If you're wrong in how you do anything, no harm no foul. This system is for regular lay people to be able to get a judge to hear their case for cheap with no lawyers allowed.
It's a really beautiful thing and we're probably the only country on earth with such an amazing opportunity to get justice for regular old citizens who can't afford lawyers to get a fair shake.
The only downside is that it's limited to a maximum amount. So, people ripped off by their insurance companies when their homes burn down, etc., can't use it because of the maximum claim amount.
Unless it doesn't need to go through probate. Which is something some people here don't seem to understand. If the business was co-owned by the other family members, probate is not required. If it was included in a trust or living will, etc., it doesn't need to go through probate.
So, can someone objecting to my ideas prove that probate is absolutely required? And if not, why it would be cheaper to get to a judge any other way than small claims court? Nope.
Why do you think small claims court will be any faster? LOL I'm involved in 2 small claims suits right now and the court staff said it would be at least 6 months before anything happened. And that's without anyone asking for delays.
You would file in the county of the business, not just in the county that the wife and daughter live in, if they live in a different county than the business. The business is what sold your items, so you should file where the business is.
And no, there is no guarantee you will get paid. It could become a lien on the business to where you might get paid if it dissolves or sells to clear all liens, but many small claims cases never see a penny.
I don't know about where you live, or where this happened, but I know that in Missouri, you cannot file a lien, or a garnishment for a small claims judgment. It is practically worthless. The only thing a judgment might do is affect their credit, but if the auctioneer is is dead, I doubt that they would care.
And then on the other hand, maybe the OP lives in a state like mine where they allow attorneys in small claims courts.
If it was me, I'd send a nice letter and remind them of the items you gave them and the date they sold.
That's it. I wouldn't waste another minute on this. If you get paid, good for you. Move on. The poor man is dead and the business probably out of money and closed.
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