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I'll try to make this as brief as possible, as I really only have one question. Guy backs in to my car and causes 2800 bucks damage. Guy is apparently broke and I get all the assurances in the world: "I'll pay you when I can, I promise, give my word etc...." Like a loving sucker I totally believed him. Within a couple months I get two payments of 400 bucks each. Then I hear nothing from the guy. He is (or was) a friend of my now former Landlord. Over a year goes by and I finally find out where he lives (apparently my landlord "didn't know" where his friend lived). I finally figure it out, through various detective work, go to the local courthouse, fill out the paperwork and serve him with my claim. He responds with payment terms. Like a sucker once again, didn't dispute his payment terms, (100$/month) or come back with any type of "counter offer". I guess I figured the guy thought that 'hey I'm in poo poo now, I should really get this over with'. Turns out it was likely a stall tactic. I ended up moving and lost contact with him, even though he had my email address and phone number, both of which never changed. Welp, after a grand total of 6 payments of 100$ per month, now accounting for half of the actual repair costs, he stopped making payments. Again my former landlord "doesn't know where he lives". A year ago in March is when I last received a payment. On the court documents it states rather plainly that "the courts and all interested parties (me) must be notified within 7 days of any change in the address for service". In other words, when he moves he has to provide the court with his new address so that I can serve him with (whatever) paperwork he needs to be served with. According to the courts, that was never done. Now to my question: In the eyes of the courts, since he didn't change his address for service, does that mean that his address for service is still the same as before? After some (facebook) detective work I found out where the guy works. If he lived close, I'd two cities away. Anybody have advice? Have you gone through something similar? Thanks legal goons.
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Feb 26, 2017 05:47
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| # ? Apr 23, 2024 09:23 |
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Honestly, I doubt you're going to get much more if anything out of this guy. They'll never garnish his wages for something like this and he will not face jailtime for such a small amount. The courts will rule in your favour, but all they'll do is demand that he pay a couple times, they'll never do much more than that. I've had enough dead beat dads renting my basement to know that he's going to get letters in the mail and nothing more and they won't ever bother to check that he's moved.
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Feb 26, 2017 06:18
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MettleRamiel posted:Honestly, I doubt you're going to get much more if anything out of this guy. They'll never garnish his wages for something like this and he will not face jailtime for such a small amount. The courts will rule in your favour, but all they'll do is demand that he pay a couple times, they'll never do much more than that. I've had enough dead beat dads renting my basement to know that he's going to get letters in the mail and nothing more and they won't ever bother to check that he's moved. Well, if I can serve him with the required form this time (notice of default), he'll be required to show up to a hearing and if he doesn't then he can get in to some kind of *actual* trouble. I doubt they'd put out a Canada wide warrant, but it would be bad for him to not show up. Based on the little that I know, garnishing his wages would still be a few steps away at this point. Problem with small claims is according to the person I talked to at the courthouse its a very "do it yourself" type thing. I still want my fuckin money, and if I can at least make him feel like he hasn't avoided this yet, then maybe I can extract some more of my money out of him... Throughout this whole thing, the only time I every got anything from him was threatening court so, my hopes are a bit higher than a few weeks ago. wesleywillis fucked around with this message at 12:48 on Feb 27, 2017 |
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Feb 27, 2017 12:39
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You have to have auto insurance to drive a car in ontario, so why in the heck didn't you file a claim through your insurer? It wouldn't cost you anything since the other dude is at fault.
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Feb 27, 2017 19:07
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Jimmy Hats posted:You have to have auto insurance to drive a car in ontario, so why in the heck didn't you file a claim through your insurer? It wouldn't cost you anything since the other dude is at fault. The guy probably convinced him at the time to not involve insurance companies because he was "totally good for it" or whatever. OP knew him through his landlord so maybe he was a little more gullible at that moment due to the connection.
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Feb 27, 2017 22:23
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Basebf555 posted:The guy probably convinced him at the time to not involve insurance companies because he was "totally good for it" or whatever. OP knew him through his landlord so maybe he was a little more gullible at that moment due to the connection. For sure. If you're involved in an accident, it's important that you get the other driver's insurance information. You don't have to use it, if everyone's happier just dealing in cash, but it has to be a situation where if the person at fault doesn't pay up, then a claim is made with their insurer.
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Feb 27, 2017 22:29
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Basebf555 posted:The guy probably convinced him at the time to not involve insurance companies because he was "totally good for it" or whatever. OP knew him through his landlord so maybe he was a little more gullible at that moment due to the connection. Gullible, sucker, yeah pretty much. At that point I didn't wish a slow painful torturous death on the guy and all his living relatives....
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Feb 28, 2017 03:50
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slickmcburney posted:Gullible, sucker, yeah pretty much. At that point I didn't wish a slow painful torturous death on the guy and all his living relatives.... It sounds like you've learned your lesson, but it's worth reiterating for other people, or in case you get caught in a moment of weakness: when someone offers to settle without insurance being involved, you are doing them a favour and therefore you can and should demand whatever leverage you like. If they don't like it, just make the claim against their insurance, and if they don't have insurance, call the cops. No one offers to pay cash out of the goodness of their hearts to save you trouble. They're either looking out for their future selves and their insurance premiums, in which case they'll pay you promptly to avoid any nonsense, or they're trying to gently caress you -- either because they don't want to pay, or because they don't have insurance (usually meaning they're as poor as church mice) and they don't want the cops to find out.
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Feb 28, 2017 05:07
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How the 'f' does backing into someone cause 2800$ of damage?
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Mar 5, 2017 05:56
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| # ? Apr 23, 2024 09:23 |
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MOVIE MAJICK posted:How the 'f' does backing into someone cause 2800$ of damage? Headlight, bumper, fender, hood, washer fluid reservoir, maybe a couple other small things.. The headlight alone is 300+ before installation. The body shop I took it to was one I dealt with before, and has a good reputation.
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Mar 5, 2017 21:33
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