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If you can't define/identify/name the defendant then it doesn't look like you will be able to do anything in court.
You could go visit your Small Claims Court office and talk with the clerk there and run by her re: what you MUST have to proceed further...if you can't come up with something, you'll know you can't go that route...at that moment. This is assuming the Small Claims Court has jurisdiction in the first place: If the company was/is in another state, maybe not but ask to be sure.
You could spend some money and hire a private investigator in the city where the business operated to track the bums down (assuming they haven't left town/state to start up elsewhere) and get a name/address you CAN put on the court documents that will be served to that person(s), but there is no guarantee you'll ever get that PI expense back. If you can FIND the guys and WIN your court case, you can add all those extra expenses on the final "tab" of course, but the bums will probably refuse to pay the judgement anyway, regardless of the amount.
Even if you DO get a name/address of the defendant and WIN your case, the court most likely will make NO EFFORT to ENFORCE the ruling...it'll be up to YOU to try to collect the judgement yourself. This usually means you still won't see any money.
In short, you probably won't ever see a cent...unless you get take a walk on the wild side and hire some criminals to find the people and break some bones...you know, the loan shark "persuaders" kind of guys. Since "the authorites" will be absolutely useless -- your tax dollars at work -- this "street outreach" is an alternative and VERY effective method IF they have the money but just refuse to pay and IF the people can be found. But if they're indigent, unless you're Moses, you can't get water out of a rock. Besides probably being illegal, however, you'll be paying more money up front -- on top of whatever else you've paid up to that point -- for this kind of "help."
Finally, if the company is truly out-of-business/bankrupt, forget ever seeing anything. If you CAN find the guy(s) and he/they have nice expensive cars, maybe they DO have money somewhere you could access via a court ruling/judge's order to freeze/sieze their bank account(s). Again, a PI's help is probably in order to locate this information...more money up front from you.
Rockford Files anyone? He charged $200 a day plus expenses...back in 1974...that's a LOT of money! A PI would cost you a good deal even in real life today I'm sure.
It is really worth all this yet?
If they own real estate or a home, then you can -- when you win -- have a lien put against their home/real estate for the amount of your judgement which the defendant(s) MUST pay if he/they ever sell said property or the buyer can't get clear title (the buyer's attorney -- if he/she has one -- should discover your lien against the property when he/she researches the title before the buyer signs). If the defendant(s) NEVER sell the property -- or sell it 20-30 years from now -- you still don't get anything unless you're around in 20-30 years.
Isn't life great?
"And justice for all..."
Right.
I'm not trying to be discouraging, but it doesn't look good. It depends on HOW MUCH you want these guys regardless of the time, effort and expense.
Maybe your best bet is to cut your losses now and chalk it up to experience...as expensive as it was.
John D.
Last edited by John C. Dechon; 07-18-2002 at 10:59 PM.
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