# Update on Guy that filed on me.



## swmnhay (Jun 13, 2008)

Had a guy file banckruptcy on me couple yrs ago.The bankruptcy,Chapter 13 was throw out at later date because he did not follow threw on his payment schedule.He was supposed to make payments too bank and secured creditors for 7 yrs and then unsecured after that.I'm unsecuered so figured I was SOL.So anyway being it was thrown out he now still owes me the money.He has moved,must of let the place go back to bank??No one answers the number I had for him,or return my call.Internet search on him comes up with 3 addresses.His old one and 2 others.Haven't talked to lawyer yet.Or should I turn it over to collections?They take half.Small Claims Court?It costs $70 and it doesn't gaurentee you will get anything.It's $2500 so enough to go after!!

I'm very tempted to post his name on here.Addresses are Sioux Center,Iowa and Sioux falls,SD.

Yes it is hay for horses.And rodeo Stock.


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## rjmoses (Apr 4, 2010)

For $70 filing fee in small claims court, I would. He probably won't show up when summoned, then you would get an automatic judgement. I might be wrong about this for your area, but I believe court ordered payments move to the head of the claims line and in certain cases, cannot be vacated by bankruptcy.

If I'm wrong, you're out $70.

Ralph


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## somedevildawg (Jun 20, 2011)

I say, find out where he lives and take 2500.00 out of his ass....but that's just me


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## swmnhay (Jun 13, 2008)

I found a old judgment on the guy for $43,000 from 2006.No idea what it was for.Some people never change









A guy almost needs to do a search on people before you start doing bussiness with them









Talked to a Collection Agency and they don't want to waste their time,saying every single time in the last 40 yrs of bussineess someone that reniged on a Chapter 13 refiled Chapter 7.

Problem now is I don't know where he lives.Even what state.Goggle searches come up Iowa or SD.


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## Nitram (Apr 2, 2011)

You might try facebook?


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## Bob M (Feb 11, 2012)

I had a similar case. I had a judgement on a guy who owed me $7000 and he filed for bankruptcy. Same thing his case was thrown out for not paying the as the plan called for. I found a site on the internet to follow his case and when it was thrown out the next day I filed to garnish his wages. Here in Maryland they are pretty aggressive on garnishing wages and only allow a small to live on no matter what their bills are. This guy found someone to loan him the $7000 real quick. This all sounds easy, but it wasn't. Took a lot of effort and angry days on my part dealing with the court system. I think I just got lucky!!


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## swmnhay (Jun 13, 2008)

_People like this play the game of sticking everyone they can.Just today I find out this same guy had stuck another for a semi & 5th wheel load a yr before me.I was talking with Karen's Son's,Wife's,Sister's Husband and find out his dad was stuck also from same guy.More communication between hay guys on deadbeats is needed!!!_


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## R Ball (Feb 26, 2013)

Guy's I only sell hay one way. I call it CIF. Cash in fist. If you take a check it can be next to impossible to cash regardless of how much money you have in the bank, plus you are on the hook. I tell everyone that calls cash only. If not your at the wrong place.

Still have guys show up with no cash. I say sorry cash only. You gotta realize I am not a 
Large retailer of hay though.


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## askinner (Nov 15, 2010)

R Ball said:


> Guy's I only sell hay one way. I call it CIF. Cash in fist. If you take a check it can be next to impossible to cash regardless of how much money you have in the bank, plus you are on the hook. I tell everyone that calls cash only. If not your at the wrong place.
> 
> Still have guys show up with no cash. I say sorry cash only. You gotta realize I am not a
> Large retailer of hay though.


I agree, though I have the issue of loads being trucked to the customer, and I may never meet them. I am looking into those credit card readers you can get for your phone now. Does anyone know if you can process payments without physically having the card, i.e. can I process a payment with just the details of the card?


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## NDVA HAYMAN (Nov 24, 2009)

I would think that you could but not sure. When I order parts on the phone, I give my cc info to trusted companies. I just sell to people that I know. If they are new, its cash the first few times. Have not gotten stuck yet.


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## mlappin (Jun 25, 2009)

askinner said:


> I agree, though I have the issue of loads being trucked to the customer, and I may never meet them. I am looking into those credit card readers you can get for your phone now. Does anyone know if you can process payments without physically having the card, i.e. can I process a payment with just the details of the card?


You can with Square but they take a higher percentage out then for the processing fee. 2.75% is the fee for a direct swipe.

I use Square now but am looking much closer at the one from Intuit as the information from the transaction is imported right into Quickbooks online.


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## swmnhay (Jun 13, 2008)

_I'd hate to give up 2.75% of my gross just because these types are basically thieves.I say put them in the town square and put a sign around their neck saying "I wrote a Bad check"They need to be held accountable somehow to keep them from doing it._


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## mlappin (Jun 25, 2009)

swmnhay said:


> _I'd hate to give up 2.75% of my gross just because these types are basically thieves.I say put them in the town square and put a sign around their neck saying "I wrote a Bad check"They need to be held accountable somehow to keep them from doing it._


But...it's guaranteed money if the card is accepted. If I know they'll be paying by card and I haven't named a price yet I bump the price up a wee bit. I'd have to run a lot of cards before the 2.75% costs me as much as bad checks and the fee from the bank.


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## askinner (Nov 15, 2010)

mlappin said:


> But...it's guaranteed money if the card is accepted. If I know they'll be paying by card and I haven't named a price yet I bump the price up a wee bit. I'd have to run a lot of cards before the 2.75% costs me as much as bad checks and the fee from the bank.


Great idea! I would just tell them there's a 5% surchage for CC payments. I think a lot of them wouldn't be too worried about that at all, plus a lot of people have the "it's not coming out of my bank balance if it's paid on a CC" mentality.... With the amount of people that call me and say "oh, I really want some, but I don't get paid until next week", then not come back because they find cheaper hay somewhere else in the meantime, I could easily make that 2.75% back in extra sales if I could give them the opportunity to get it now and pay later without me worrying about if I'm going to get paid.

The more I think about this contraption, the better it's sounding...


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## Gearclash (Nov 25, 2010)

> I'm very tempted to post his name on here.Addresses are Sioux Center,Iowa and Sioux falls,SD.


PM me the name and address of the Sioux Center location and I'll see if it rings a bell. Sioux Center is/was my home town.


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## AmericanWestern (Apr 16, 2013)

On the Sioux Center guy that owes you, I would contact a lawyer in that area. They would be able to easily find out if there are any current or recent court cases/judgements involving that person. That will tell you if he is collectible as well as possibly provide you with a current address that you would need to provide to the court for a small claims case. They would use that address to attempt to serve papers on that person. If you can find an accurate address and find that he seems to be collectible, small claims is a good choice. The first court date is just for the appearance of the defendant and if he doesn't show up or respond by the deadline, then you will get an automatic judgement. Since he filed for Chapter 13, the info is out there somewhere to get him and collect. My best advice from personal experience with a similar situation is to get as much info as possible and then go for it!


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