Filing court papers

[Suloff's Towing]

So I have a couple Liability recovery claims that have got to the point I need to file court papers. The problem I have is my county wont let you file small claims against anyone unless they have an address in the county where the sheriff dept can serve the papers in person. So one of the cases i have the owner is in a neighboring state.  The other the owner is local and cooperative. we are just trying to get his insurance to step up. So my question is 2 fold. 1 is there a way to file court papers other than small claims without getting an attorney involved? and 2. unless we file against the insurance company as well How do we get them to show up? they already agree the owner is responsible so if I can only file against him They won't care.  any help will be appreciated thank you. 

[JUSTFISHING]

Some of my accounts I assign to a collector and forget it the have a small success rate . Some people piss me off and I file against them and go to court so far I have about 6 judgement s and no money from it . The insurance company does not owe you money the vehicle owner does and they are obligated to them. Last few I turned over to my attorney and he made Progressive pay a 817.00 recovery bill plus his attorney fees on a fatal . I think they thought it the cheaper way to go because they could loose in court. Out of state people you would have to travel to their county to file , and follow up on court date if they show. 

[goodmichael]

Unfortunately utilizing an attorney is a cost of doing business. Are you a member of your state association? They should be able to offer you guidance.

[rreschran]

Perhaps hire a private investigator to locate the out-of-state individual and have them serve papers in-person. From that point, if the individual doesn't appear in-court, you may win by default. BUT, getting them to pay is another story. In any event, weigh the importance of collecting on small amounts versus what your time is worth and the amount you're trying to win. Is it worth it to you? I had a state tow association renig on $3,000 owed to me where I travelled out of state to conduct training. The association president guided and misrepresented the monies collected into his own pocket. I spent way too much money trying to sue and collect from out of state. Unfortunately for me, I got wrapped up in the emotion of the lawsuit and lost more than I ever collected. Sometimes it's better to fight the battles you can win and let the others go the way of Karma.     R.

[GRUMPS The Towman]

There is certainly a delicate line to cross as to weather or not to pursue a court claim. I have only pursued one in my career and to be truthful, it was hell on earth. Even though it was a straight forward case and I won easily, It still cost way more money and time than it was worth. And at the end of it all the only thing I got was a judgement. This was 9 or 10 years ago and to this day I havent seen a dime of that judgement. 

Nowadays I bluff alot with debtors stating I will take them to court and it works 80% of the time.Even if i get a portion of my charges, it is better than a poke in the eye with a sharp stick. In reality, It would have to be a rather large debt for me to go through that again. It is just not worth it most times.

[DodgeTowGuy134]

I wonder which state tow association and association president was involved with the "The association president guided and misrepresented the monies collected into his own pocket"  that didn't pay rreschran and when that occurred....just curious 

[rreschran]

Sorry Dodge ... to mention his name is well-beneath my dignity. While I'd like find great pleasure to post this individual's name all over the world, I'll take the low road and only say that he since has passed away. I personally believe that whatever one puts out into the Universe will someday come back to them. Perhaps the Karma God's reached out to him? Since that time, I've learned that the old school way of a handshake and one's word is no longer considered that believable bond. In that, I've lost a huge level of business trust and no longer deal with association presidents and business contacts in the same manner. It's hard to fathom sometimes that a person of influence and power hides behind their so-called title, their position within the community, and who they are in the Chuch to conduct shameful and downright criminal business practices. Maybe I'm to blame for not conducting business properly? In that light, I'll not mention his name and be the bigger man. Accordingly, I have no value in this person's memory and I still struggle with my ability to trust.         R.

[Stubborn66]

I agree with Justfishing's approach.  A collection agency will work on a percentage and, like Grumps said actually getting the money is another challenge.  They will stay on top of that as well