Small Claims - I won but can't get money

This is a discussion on Small Claims - I won but can't get money within the Small Claims Courts forum, part of the ATTORNEYS, COURTS, LITIGATION category; My Florida Distributor business took a non-paying customer to Small Claims Court [approx. $3000] but he didn't show for the ...

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Old Dec 17th, 2008, 12:41 PM   #1
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Default Small Claims - I won but can't get money

My Florida Distributor business took a non-paying customer to Small Claims Court [approx. $3000] but he didn't show for the hearing/mitigation ... so by default, I won the case. Now it is up to me to find properties owned by this gentleman in order to have leins placed against them.

I did a background check to find information, only to find that he has been arrested 18 times for larceny &/or writing fraud checks. He also has several small claims against him in our 2 county area. There is a pattern here of deliberate action to "professionally" steal from others. I could not find a single item registered in his name, although he lives in a $1.5 Million house here in Florida & drives a Lincoln Town Car. He apparently knows he can get away with "buying" merchandise to resell without paying for it ... simply because he has no assets in his name that can be seized.

My question is: Can this be a "criminal" case considering his background? Do I have the right to reclaim my merchandise that is still in his store? Where do I go from here? If it were just me, I might be inclined to just write it off as a loss & a giant lesson ... but seeing how he is apparently doing this as his "profession", I just can't let him continue his actions & see many people in my position, while he lives "high on the hog" at our expense. This alone should be a crime.

Anyone with similar experience or advice ... any help would be appreciated!
Thank you,
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Old Dec 18th, 2008, 09:52 AM   #2
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Default Re: Small Claims - I won but can't get money

Yes certainly.

Ask the DA to take action. You have to be a bit persistent in many cases.
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Old Dec 23rd, 2008, 11:12 AM   #3
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Default Re: Small Claims - I won but can't get money

How do I go about talking to the DA since I did not use a lawyer in small claims court? We brought this up to the clerk [his background] but she said that civil & criminal cases are separate cases & could not be combined. We would have loved to have brought this up in the mitigation process, however, since he did not show for the hearing, we never got the opportunity.

Should I just start over & file a Criminal Case ... or will I just get laughed at because it's only $3000.00?

This was the first time I had ever had to file a claim & to me, Small Claims feels like a joke. If the other party doesn't show, all you get is a piece of paper making it "official" that someone owes you money. It is still MY responsibility to get my money. I feel like the courts just stole MORE of my money!

Since this man is obviously a professional thief, knowing full well that there is nothing that I can have seized to get my money from him ... he continues to "do business". Meanwhile, people are getting thrown in jail for overdue library books & parking tickets. Just doesn't seem right!!
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Old Dec 24th, 2008, 10:46 AM   #4
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Default Re: Small Claims - I won but can't get money

civil is separate but a person can be pursued in both--just as OJ Simpson was for murder--both a civil trial and a criminal charge/trial
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Old Dec 24th, 2008, 10:46 AM   #5
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Default Re: Small Claims - I won but can't get money

Have World Law Direct help you if need be, email them.
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Old Jan 19th, 2009, 08:21 PM   #6
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Default Re: Small Claims - I won but can't get money

go talk to the sheriff and ask him to go pick up his Lincoln and put it in storage until your paid
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