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Small Claims Court Posted by Bill Homer [Email]  (#3427) [Profile/Gallery]
(more from Bill Homer) on Sun, 23 Feb 2014 17:10:19
In Reply to: Did you get a Credit Card number?, MI-Roger  [Profile/Gallery]
, Sun, 23 Feb 2014 14:45:06
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I would not pursue the "incremental charges on a credit card" scheme. As a small business owner I have found that credit card companies will typically decide any dispute (valid or completely invalid) in favor of the cardholder, as they value the high interest cash stream they are receiving from their actual card-holding clients more than their non-relationship with you. And unless you can show that your client agreed to incremental charges, they may invent something to fight the charges, i.e that you failed to exercise due care while the car was in your possession. If you have their card number on file, just go for it (my guess is that you don't or would have done so already).
In Illinois, I believe that you can only garnish wages after you have received a court judgment in your favor. See next paragraph.
While small claims court may be a workable idea in theory, the reality of filing a case is a different story - costs involved will mount up and start to negate any potential judgment. In Cook County (Chicago), a Pro Se (representing yourself, no lawyer) small claims case like this costs $179 to file and $12.30 to serve each party by Certified Mail - if you can get your papers served by mail (easy to avoid the mailman); if you need a sheriff to serve add a lot more. Yes, you can also claim the $191.30+ costs as part of your claim, but you can see where this is going. And once you receive a judgment from the court, it is something else entirely to actually get paid, particularity from someone who is short on cash to the point where their car is being repossessed. Finance companies have lawyers on staff, so be ready for them to pull some legal technicality out of the air to keep them whole. Towing companies here are notorious - enough said.
Note also that you will spend many, many hours pursuing this that can be used better for other things. Tenacious as I am, for $400 I would just let it go and feel glad that you are not in your client's shoes.
posted by 108.71.132...
, Sun, 23 Feb 2014 13:31:09
, Mon, 24 Feb 2014 16:21:43, Mon, 24 Feb 2014 05:11:02, Sun, 23 Feb 2014 16:53:13
, Sun, 23 Feb 2014 18:20:27, Sun, 23 Feb 2014 18:48:08, Sun, 23 Feb 2014 14:45:06, Sun, 23 Feb 2014 17:10:19 <-- Viewing This Message
, Mon, 24 Feb 2014 09:41:01, Tue, 25 Feb 2014 15:46:41
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