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Old 12-17-2006, 01:57 PM
lewis lewis is offline
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You should be able to take him to small claims court. You will have to pay filing fees, and the like, which are minimal. You will have to provide service of the documents, which can be done by certified mail, return receipt (generally doesn't happen, as most people simply will not pick up the mail, or accept it), or by the sheriff's department. The price still is not unreasonable.

Sometimes, once somebody receives these documents, and they know how serious you are, you will get paid. If not, you will get a court date, and go to court. You and he will explain to the judge your sides, and the judge will make a decision. Sometimes people have been known to pay on the day of the court hearing, the whole thing simply being a test to see how far you will go.

If you get a judgement, with no payment, you will have to have a "disclosure hearing" after 30 days. This is where the person needs to come in and explain why they have not paid. If the person does not arrive for that hearing, you can actually place a civil order for arrest, where the person is picked up by the sheriff, and brought to court. You must be there at that time.

So you see, it can be quite a process. I think if you start the process officially, you may see some results.

I know that most of the national freight companies have insurance, and a formal claims policy, to assist with this. I have never had a problem with freight damage when claimed and documented at the time of delivery.
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