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does small claim court actually work?

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  1. #1

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    does small claim court actually work?

    yes I am sure they pass proclaimations etc -

    but does it actually work?

    situation - an individual / company owes me around HK$ 110,000 spread over a few invoices... ( one is HK$ 90,000 )

    I suppose I can small claims court? but its gonna take a million years? and anyway after they decide he does owe me then what?

    can I pass that on to a debt collection agency?

    another experienced business friend of mine is telling me squeaky wheels get oiled..

    meaning start to make some noise and embarass him a little.. he has fed me a 'story ' about they may restructure - go bankrupt - but he will try and pay me over a long period - never quite sure whether to believe this.

    my wife has visited his office this week a few tines and its certainly resulted in lots of calls from him trying to put her off going down there.. ( seems he doesnt want his staff witnessing this sort of thing? )

    so this might be working? - but not in as far as recieving any cash - just this 10% cheque run around bull shit

    I am thinking of taking this up a level.. maybe visiting his office with my kids - should kill any productivity for the staff? can do this a few days this week.

    what other idea can I come up with?


    comedy facebook campaign ? pan handling outside his office ? we have a lot of mutual friends -

    I just want what I am owed - did the jobs - they were very happy! so its not that.

    its not unreasonable.

    Just pay me the quoted fee for the job that was done above and beyond expectation!!!


  2. #2

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    Why did you give him credit in the first place?


  3. #3

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    existing client many years- he's always been slow. but this is refuckingdickulous

    some is my fault in that I was a bit overwhelmed with personal sitiuation around the time the jobs came in- always seemed important to get the jobs in and done, paper work was just something I could do later.

    jayinhongkong likes this.

  4. #4

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    small claims court is a waste of your time. he'll just go bankrupt. collection agency, even worst.

    talk to him. ask him to take out a loan. would you be willing to accept 50%?


  5. #5

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    Discuss with him and tell him that if by certain date you dont get the money you will have no choice but to use a collection Agency.


  6. #6

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    If he's a local red paint on the door works


  7. #7

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    well my friend who's studying to be a lawyer did some snooping and he has no registered debts as of yet - ie mortgage or bank loans...

    he does have half his company held off shore in the vigin islands!!!

    any tips on lawyer shopping

    but again just becos u have a judgment means zip

    how about if I knew where his motorbike was? ( of course its a harley )


  8. #8

  9. #9

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    The advantage of Small Claims is that the principals are involved directly. No lawyers.

    If nothing else, brings the guy into the same room as you. Takes a few weeks to get a hearing. Someone I know sued a doctor for $2000 (for making him wait 2 hours or something like that). The Dr was forced to come to the Small Claims court and they settled for an apology.

    If a judgement is passed in Small Claims and this is an ongoing business, then they are NOT going to declare bankruptcy. This would disbar them from a number of functions, screw up their credit lines etc.

    I'd see if you can split the invoices up and create a claim for $45Kish.... See how that goes, before you start spending money on lawyers - this will set you back $10K minimum (3-4 hours work I think).

    scrambler likes this.

  10. #10

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    By the way, if he has an established office, staff etc, he is not going to empty that premises out. You can show up there with a bailiff and seize appropriate amounts of property. Trust me the embarrassment is not worth it for an ongoing business.

    emx and scrambler like this.

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