I sold a car, GOT HOSED, BEEN TO COURT 3 TIMES! HOW DO I GET THIS GUY!!!???

[V6UnderPressure]

Heres the story, back in fall of 99' I sold a car to a supposed "old" friend. An 81 Buick regal with 350v8 blah blah blah for 2200. I allowed him to make payments to me of 150 a month until paid off with a 500 dollar down payment. Me being stupid I should have held the title but how would I that he had to drive the car. So I gave him the title, we wrote up the agreement and we were on our way. Well, first payment was about 100 bucks short, then second payment was 100 bucks short and a week late. In no time he wasnt contacting me (claiming he was) and I was seeing no money. By fall of 2000 I finally gave up contacting him and filed a suit. The minute he got the notice in the mail to appear in court he calls me tellin me hes gonna give me money (cuz hes scared to go to court). He says hell bring me money that friday. Anyhow I keep in contact with him and drop the court appearance and still get no money. So finally in spring of 2002, I go back to court again because of no contact. He gets scared and asks me if theres any way we can settle. I said no, well have to let the judge decide because I'm not dealing with it. So we go to court, tell the story, and we agree on another payment plan on the court papers that this time the judge signs. Did I get any money? NO! I contacted him in the fall and he tells me to wait till his income tax refund comes in and he'll give it all to me. (he has 2 kids). No contact and now isnt returning my calls. I am taking him back to court a third time. I am suing him for the 3 court costs, the 1 day of works pay missed, and the remaining 1400 dollars he still owes me!!!!! I even found out, he sold the car not more than a few months after buying it off me. So he sold a car he didnt even pay for!!! Anyone know what I can do to get my money. Im really thinking of resorting to other "illegal" matters that I'd rather not do as I dont wanna be a jailbird for someone elses mistake!!!

Scott

 

[ShouldofhadaV-8]

I wouldn't resort to illegal means, because you could still be short the money, and spending money on atty's fees defending yourself. Next time you're in court, ask the judge why you can't have the courts set you up to garnish his wages. Tell (or show) the judge how many breaks you have cut the guy and hopefully he will side with you. Or conduct an assets search on the guy, take it to court. If he owns anything else besides the bare essentials, perhaps the judge can force it into sale or seize it for auction.

 

[Jack Evers]

Scott, doesn't sound like you've even got a judgment against this deadbeat yet. Can't garnesh wages without a judgment and as he has already sold the car, the most you can get is a judgment. If you'll check this guy out, I bet he's got a ton of judgments against him already. Write it off as one of life's lessons and forget about it.

 

[Little6pack]

Hate to say it but you got an expensive lesson learned.

It could have been worse than that amount. You are probably better off cutting your losses
OR
Talk to an Lawyer about attaching his wages..

 

[GNandGS]

Yeah, the garnishment thing might work pretty well... you can (I *think*) recommend the payments in such a way so you get the money but his family doesnt suffer.

S

 

[equalizer442]

find out whos the godfather of your local mafia type orginization and say that hes messing with his daughter

 

[V6UnderPressure]

Originally posted by Jack Evers
Scott, doesn't sound like you've even got a judgment against this deadbeat yet. Can't garnesh wages without a judgment and as he has already sold the car, the most you can get is a judgment. If you'll check this guy out, I bet he's got a ton of judgments against him already. Write it off as one of life's lessons and forget about it.

How bout you buy me a front mount IC and cut your losses!

This guy won't get away "untouched"

 

[V6UnderPressure]

I've been sending the cepenas to his parents house because I cant find him. Can anyone do a search for me on a Donald Saylor Jr. ??? Wife, Shelby Saylor. In Illinois. There is a Donald Saylor Sr. but thats his dad.

Scott

 

[Mark E.]

This won't get your money back, but it may make you feel better...
Fill out a subscription for the raunchiest, nastiest porn mag you can find. Men, animals, whatever. Pay by money order and subscribe with his name and the address of a house a few doors down..................

 

[Little6pack]

Yea the parents are probably tired of bailing out the loser son..

I have used many magazine subsription forms to get back at the people who rip me off..
There is a whole website dedicated to REVENGE & how to ruin someone.

 

[GN One Day...]

This probably isn't worth it over a couple hundred dollars, but for future reference, here you go.

Collecting 101:

-If you don't have a signed disclosure or other agreement, signed and dated showing the terms of your sale, forget it. You might get something for a verbal contract, but it may not be worth the expense. If you don't have anything like that, consider it a lesson learned. Document, document, document.
-You don't ever drop a court date unless a debt is completely paid in full
-You don't ever tell someone you're going to court and not do it, or they'll sue your for harassment
-You dropped the prior 2 cases of your own free will, so a small claims court judge probably won't make an allowance for that
-Have him served at a house, not an apartment. The Summons on a house, real property can be left on the door (at least in MS), but rental property like an apartment it has to be handed to him
-Have excessive amounts of information with you in court. Be polite, do not interrupt and address the judge only, speaking in a business-like manner. You aren't there to argue.
-If he doesn't show, you get a default judgment. If you don't show, he gets off if he's there.
-BEST TOOL: find out where he works and have him SERVED THERE. That will oftentimes have someone on your doorstep that same day with cash. That is very embarrassing and he'll want it over with ASAP
-Get your judgment. If he shows up and says he'll pay in office later that day, fine. BUT GET YOUR JUDGEMENT! If the cash isn't on the spot, the judge will give you judgment if you request it, 90% of the time. He will have 10 days after judgment before you can act on it (in MS)
-After that 10 days, file the garnishment on the spot! A lot of people will quit after they find out about a garnishment, but you might get in that first check before he realizes how much you hit him for. In MS, if he makes $800/mo or more, you get 25% of his paycheck. In this case, that one month will just about take care of you.
-Call the employer's Human Resources DIRECTLY and request, nicely, that they disburse per pay period instead of holding it until the full amount is collected. There are probably 100's of 1000's of dollars floating around due to garnished employees quitting. The money wasn't fully collected, so it never got sent out. Figure up how long it should take him to be garnished for the full amount and mark it on your calendar. Follow up on your might not get squat.
-BEST TOOL #2: as soon as you get that judgment, make sure it is filed in the Chancery Court. It will stay there for 7 years. If he has a house, there will be a lien on it. No selling or refinancing without you being paid off. As soon as your debt is collected, make sure they've been informed to release the lien.
-If you aren't going by the house, respectfully and business-like, you won't get paid without getting legal.

There's more, but this is overkill as it is. Do this and you'll get your money. Don't believe anything but cash in hand.

 

[gn85]

Great reply..

Bill, that was a fantastic and informative reply. Do you work for the courts or a lawyers office?

I'm wondering if the judge can hold him in contempt for not following a court order? I would definately go after the garnishment of wages. No, you don't want to put hardship on his family, but if you look at it, it's not you putting the hardship, it's him. Take it back to court.. I would be surprised if the guy showed up. One way or another, I would remain a thorn in his side. I wouldn't call it revenge, but your patience and cool head WILL pay off eventually. I had an ex-girlfriend that owed me $1000 and fortunately I had it all in writing. We broke up and she kept dragging her feet about it. Fortunately, in the written agreement she put up her car as collateral. It came REAL close to her losing it. Like it was said before... being put on notice that court action is being filed against you does light a fire under ya real quick.

 

[fighterjet gn]

Originally posted by Scott4DMny
I've been sending the cepenas to his parents house because I cant find him. Can anyone do a search for me on a Donald Saylor Jr. ??? Wife, Shelby Saylor. In Illinois. There is a Donald Saylor Sr. but thats his dad.

Scott

you can send a certified letter to his previous address & indicate on the outside of the letter : ADDRESS CORRECTION REQUESTED which means the post office can give you his new address if they have it on file, they may charge a small fee if they have it . good luck.

 

[turboscott]

I did a search and 3 Donald Saylor's came up in IL. I need an old address, middle initial, some kid of home # whether it is old or not, or something to set him apart so i know which one to pick.

 

[GN One Day...]

Re: Great reply..

Originally posted by gn85
Bill, that was a fantastic and informative reply. Do you work for the courts or a lawyers office?

Nah, I got started in lending working and managing offices for a couple of finance companies. Time was largely spent working collections. Ugh, I don't miss that at all.

 

[aperrego]

Hey.. I am not a lawyer, nor realkly have been in your shoes.. But rules of thumb are not to mix money with family or friends.. It never works...

On a similar story, I sold my Jeep and let the guy finance it..I held the title and time came and went...No money..No phone calls... No nothing.. Did not really know whom I was dealing with other than he lived 2 towns away.. Well after 45 days of non-payment.. I ran a criminal history on the dirtbag and it was as long as Florida's I95... So finally realizing that the guy had absolutely no intention to give me the $$$ nor return the call I went down to the ass's house about 11pm and repo'd it.. Hate to say the jeep was parked between his girlfriends car and the house so I had to use the "offroad" action on his lawn.

Anyway the jeep came back F#@@ed UP!.. Dirt, Tears, and general beating... I cut my losses and sold it to someone else..

However,

one day while on patrol, I stopped a DWI suspect....Low and behold it was the same jackass (about a year and 1/2 later) .. I wound up charging him with a variety of things which he recvd' a sentence for 7 Years.. for poss with the intent to sell/deliver Cocaine, Poss of Firearm by felon, DWI and a few choice misdemeanors..

So the moral of the story is that all dogs have their day and one way or another they will get what they deserve.. And do NOT trust anyone other than yourself.... My 2c

 

[GNFURY]

don't waste anymore time, or money chasing this bum. doesn't matter how many times you sue this guy, you can't squeeze blood from a rock. This guy is NEVER gonna pay you. you can't even get the car back because he sold it!!! This is typical. I manage a buy here pay here car lot, and I deal with losers like this all the damn time. You should have held the title. Learn your lesson and move on. This guy is further spitting in your face and costing you money every time you have to hire a lawyer, or pay court costs. Let it die. You can't garnish wages (atleast in the state of Ohio) if the guy does not make at least 200 bucks a week, he has to work full time, and he has to get taxes taken out of his pay (a real paycheck) If he fits the profile, I bet he gets payed under the table, or makes a pitiful amount of money, or changes jobs so much that you will never be able to attach wages. Sorry my friend, but you got screwd

 

[V6UnderPressure]

Originally posted by GNFURY
Sorry my friend, but you got screwd

We'll see.

 

[GNFURY]

the only way you come out on top is if you use "unconventional" ways of collecting, ie: a baseball bat. sometimes, this is the only way

 

[V6UnderPressure]

He went to court the second time. And man was he SCARED! He thought he was going to jail so he tried to sweet talk me before the hearing. He was practically stuttering at the judge. He told the judge he knows he owes me the money but cant afford it. I believe I have a judgement because he signed it and asked us to come up with a legitimate payment plan. If he gets another cepena, I really think he WILL show, and more scared than ever.

TurboScott: The father, Donald Saylor Sr. lives in Monee, IL. Not sure of the phone number. He used to live with his wifes parents in Matteson, IL. He used to live in Richton Park before that. I hope this helps. All I have is his wifes cell phone number. (still hers because it has her message). Used to have his cell phone number but it was disconnected. Hope you can help me. This guy is also referred to as Donnie Saylor Jr. But I believe on paper its all Donald.