won't pay their bills

[hagan]

know some people in town who doesn't pay their bills but let the daughter park the 04 pickup she was driving and got her a 16 dodge 4 door 4X4 They owe people all over town but it does not seem to slow them down. The kid with the 16 pickup is finally working but it will be like most jobs and after 1 month she will quit. 

The queston i have is why can't the people who they owe money to file a lein on that 16 pickup and sell it to pay on the bills they have owed people and owe. Supposidly the mom had some money come in but opted to spend it for the kid.

[Pete1468]

Cause they have more rights then those that do pay and are honest.  I used to send parts out with an invoice until one month I was short $6,000.  That hurts for a small business.  Then I accepted credit cards and nothing goes out without payment.  The system gets ruined by crooks.

[Dirt_Floor_Poor]

It’s expensive to get a judgement against someone. Unless it’s a lot of money you might as well just write it off and be more careful next time. My brother got a judgement against someone who owed him money. Every time he was to get some of the guys paycheck, he quit his job. Then we had to find out where he worked, again. Go through the process and he would quit that job too. He spent a bunch of money and never was able to collect anything. 

[bkorth]

Good chance their shopping cart is full

 Of cat food and cigarettes too.

[Dirt_Floor_Poor]

2 minutes ago, bkorth said:

Good chance their shopping cart is full

 Of cat food and cigarettes too.

You forgot about the alcohol, they probably never run out of that. Probably Bud Light. 

[F-301066460puller]

8 minutes ago, Dirt_Floor_Poor said:

You forgot about the alcohol, they probably never run out of that. Probably Bud Light. 

Don't forget the tattoos 

[vtfireman85]

We have filed liens before on occasion. Usually gets some action, I highly doubt you could do much on a vehicle, it is probably financed and upside down. 

[Matt Kirsch]

I don't think you can file a lein against anything but what they owe you money for. You can't just go and take someone's truck or tractor, ESPECIALLY if they own it free and clear. Plus if they don't own it free and clear, the company that financed it has a lein on it, and they get their money first. Then as vtireman85 says, they're probably upside down in it already...

[vtfireman85]

3 minutes ago, Matt Kirsch said:

I don't think you can file a lein against anything but what they owe you money for. You can't just go and take someone's truck or tractor, ESPECIALLY if they own it free and clear. Plus if they don't own it free and clear, the company that financed it has a lein on it, and they get their money first. Then as vtireman85 says, they're probably upside down in it already...

A mechanics lien , at least for us, is filed with a town clerk against the property of the debtor. It cannot be sold, transferred, refinanced or otherwise until the lien is lifted, presumably when the debt is paid. It doesn’t give the ability to repossess anything, just tie it up, and lenders do not like it. Usually we get action because the lending institution steps in. 

[Matt Kirsch]

Right. You can't take the truck sell it and get the money you're owed.

The only way that happens is if they declare bankruptcy, then the court does it, but this family is for sure too smart to declare bankruptcy. 

[Missouri Mule]

Hagan, that's just how some people are unfortunately. SOMEHOW they have enough credit to get a high interest loan that will never be paid for and when they repossess they will lose money. But that doesnt fix the issue. 

On a side note I just love it when guys still let me charge something. Reminds me we still have good people. Example. I called a guy about spray chemical 3 years ago that lives 1 hour away a guy told me was reasonable on price. I only told him who told me to call and he (on his terms) set outside his shop door about 4k worth of spray for me to pickup because he was fixin to leave to go custom spray. He simply told me to call back tomorrow and give his secretary my address, which I did at 8:05 am. The following year I picked up ALL my chemical from him and when he told me he would send me a bill I handed him a signed blank check and said send it with the receipt. He trusted me as a stranger and you just dont get that anymore. And this ^^^^^ is why. I dont blame you folks in a business. 

[hobbyfarm]

1 hour ago, Dirt_Floor_Poor said:

It’s expensive to get a judgement against someone. Unless it’s a lot of money you might as well just write it off and be more careful next time. My brother got a judgement against someone who owed him money. Every time he was to get some of the guys paycheck, he quit his job. Then we had to find out where he worked, again. Go through the process and he would quit that job too. He spent a bunch of money and never was able to collect anything. 

Exactly.  The judgement means nothing because it is impossible to collect.  One would spend $1000s here trying to collect it and the person would just quit their job.  Now the mechanic leans are a different story because there is real estate involved.  

[Mudfly]

Wife and I both have decent jobs, and yet we see people who make less than us or are unemployed with items that we  would not be able to afford.  Also see the same people eating out 4, 5, 6 nights a week, where I cook all our dinners at home for the wife and kids.  I just don’t know how some people live as high off the hog as they do.  

Not jealous at all, I am happy with what we have and honestly wouldn’t want some of the things I’m talking about (sports cars, jacked up brand new trucks, RVs, ice castle fish houses, boats, etc), just makes me scratch my head.

Forgot to add: I was once told by someone, “I either want less corruption, or more ability to participate in it”.  
 

Edited May 16 by Mudfly
Added

[AKwelder]

37 minutes ago, Mudfly said:

Wife and I both have decent jobs, and yet we see people who make less than us or are unemployed with items that we  would not be able to afford.  Also see the same people eating out 4, 5, 6 nights a week, where I cook all our dinners at home for the wife and kids.  I just don’t know how some people live as high off the hog as they do.  

Not jealous at all, I am happy with what we have and honestly wouldn’t want some of the things I’m talking about (sports cars, jacked up brand new trucks, RVs, ice castle fish houses, boats, etc), just makes me scratch my head.

Forgot to add: I was once told by someone, “I either want less corruption, or more ability to participate in it”.  
 

This is really got my wife upset right now, she is trying to figure out how to purchase here parents place, and is upset on us taking on that much debt. All the while there are people living a more extravagant life style than us while working less and spending more. 
 

 

To bring the thread back to the original topic, it’s getting really bad, even the government is doing it.

 

 

 

 

[5288IH]

Use an engagement letter tell them to sign it states that all expenses to recover debt is borne by the creditor, they can get a bit burly if they are owed money usually works. The best one is I go to client around 7pm at dinner time wife opens door I explain why I am there , wife closes door screams at husband. husband sheepishly pays me.

[Jacka]

6 hours ago, Missouri Mule said:

Hagan, that's just how some people are unfortunately. SOMEHOW they have enough credit to get a high interest loan that will never be paid for and when they repossess they will lose money. But that doesnt fix the issue. 

On a side note I just love it when guys still let me charge something. Reminds me we still have good people. Example. I called a guy about spray chemical 3 years ago that lives 1 hour away a guy told me was reasonable on price. I only told him who told me to call and he (on his terms) set outside his shop door about 4k worth of spray for me to pickup because he was fixin to leave to go custom spray. He simply told me to call back tomorrow and give his secretary my address, which I did at 8:05 am. The following year I picked up ALL my chemical from him and when he told me he would send me a bill I handed him a signed blank check and said send it with the receipt. He trusted me as a stranger and you just dont get that anymore. And this ^^^^^ is why. I dont blame you folks in a business. 

That's a good story. I been burnt from dead beat renters,dead beat farmers, one Amish and bums.Only one I ever got money out was Amish and only because he took what I sold him after I delivered it,okayed it and I drive 3 hrs home with message on answering machine that he canceled ck, was gonna scrap it and send me scrap price. I got half of a purchase price after a haggling deal just because I didn't want to deal with him.He was ,is a crook. I took them all to court, highest guy owed me $35,000 never got a cent from anyone and I lost additional money for court costs. But I still sell,take private checks, take cash without counting it.I just stick it in my pocket. People ask am I going to count it.I tell them why would you steal from me they say no I'm not.I say ok.I not alone either in that way.I bought a tractor few years ago,handed the lady $6000 in cash she took it and threw it in a drawer. I asked her ,aren't you going to count it.She said she never does,figures I wouldn't steal from her.It good to know other people thonk like  we do.My dad always taught me you can't trust the people that don't trust you.

[JaredT]

It cost us around $100 or so to have people served collections paperwork by the sheriff's office here. Turns out, most magically have the money before the court date.  We are very careful who we extend credit to anymore and the ones that are habitual have to pay cash upfront. We have lost some business over it, but we don't have to fight to get paid for any of what is done.  If they are going to pay, they can go elsewhere. Also pointing out to people that we charge 18% interest usually gets the bills paid quickly. If there is no incentive, then the account goes unpaid, unfortunately. 

[Diesel Doctor]

A person who is owed money can go to court to get a either a Small Claims Judgment (usually less than $5,000) or a Court Ordered Judgment if the amount is over $5,000 or $10,000 depending on your state. Attorney's usually do the court action in main court.

The Judgment can be then issued to the Sheriff in the form of an Execution.

The Sheriff is then directed to find ANY property the debtor may have and sell it to pay the bill. Machinery, livestock, it don't matter, if legal to sell, it can be sold.

The Sheriff seizes the property, a notice is put in the local paper and an auction if held. The Sheriff's fees are paid first, then the person who is owed the money and if there is any money left over, that goes back to the person owing the money.  This is how it is supposed to work.

But this debtor has a fancy pickup. That I am sure has a lien on it already as they do not have enough money to pay for anything. So they made a down payment and they owe the rest to the bank. The vehicle is usually upside down, which means more is owed than what it is worth. In this case, the first lien holder is paid first according to law. So the Sheriff seizes the pickup, sells it and gets less that what is owed to the bank. So the bank buys it back to protect their interests and no one wins. So Sheriffs are very reluctant to seize any property with a first mortgage on it as they rarely go well. If the pickup is worth $10,000 and there is a $1,000 lien on it, then yes, that is worth the effort.  There has to be a reasonable expectation of getting the money before the Sheriff seizes property.

So many people are judgment proof. This means they owe money on everything and rent a home/apartment.

Another way is to seize their wages. With the Judgment, the persons wages can be garnished. An order is sent to the employer, usually by an attorney, to seize a portion of the persons wages to pay the debt. Up to 50% of the debtors net wages can be seized. However, child support comes first, and then any Judgments split the remaining 50% of the net wages. This is a slow process but can get you your money, over time. Unless they get mad and quit their job. Then you have to find where they went to work and start the process all over again. Which can get expensive.

You know who these people are in your community. To protect yourselves, demand they pay in cash only and NEVER extend any credit.  

A fancy New York attorney contacted my Sheriff and wanted him to seize a number of vehicles that a debtor owned and he wanted them sold to pay a Judgment. The attorney had found these vehicles off the DMV records and there was a lot of them. The debtor owned a junk yard. The Sheriff explained the debtor owned a salvage yard and these vehicles were dismantled and of little value. The attorney demanded it was done. The Sheriff found in the law that he could require a performance bond from the attorney to insure his expenses were paid. The Sheriff demanded $3,000 before he started on the project and the attorney, like a fool, sent the money. The vehicles were towed in, photographed for the attorney and an auction was held. The other local junk dealer bought all the cars for less than $500.00. The attorney would not listen and spent $3,000 for nothing. Usually attorney's are smarter than that? 

[Mark (EC,IN)]

What makes you think they paid for the truck?

[oleman]

4 hours ago, Mark (EC,IN) said:

What makes you think they paid for the truck?

Probably owned by a pay by the week used vehicle vendor. Basically a car rental place for people who do not have enough credit to rent from Budget!  A rollback wrecker sits in the lot awaiting the Saturday repo of those who did not make their Friday payment.

An associate of mine has been running a private repair shop for many years, he has been stuck many times by the Car Insurance policies that people are currently purchasing on a used car purchase deal. Basically he repairs the vehicle, the insurance policy refuses to pay the  bill, (READ THE FINE PRINT) he files a repair lien and gets the car that isn't worth the parts he has in it even after he eats the labor.  Famous sales words, I will sell it to you for my repairs parts bill at the parts place!!

Living on societies underbelly is not for the faint of heart.