Re: the "federal manner" in post #8.
If you think that stiffing someone via the post office results in federal protection and/or assistance with regard to collecting your money, dream on. The only protection you can take advantage of is to ship it by someone who will collect COD and use the "cash only" qualifier if they offer it - this prevents rubber checks.
"Stiffing" someone as we're discussing here is purely and simply a civil matter. The fact that you deal in interstate traffic COULD raise it to a federal matter (if bad checks were involved) BUT, for it to be contestable in Federal court, it has to reach a certain floor amount as prescribed in the FRCP (Federal Rules of Civil Procedure). I think the amount is $15,000 or more to qualify. If you go ANYWHERE and ask for help (as in police or FBI), they're going to probably tell you to take it to court as they consider this a civil matter that is out of their realm of involvement - even though grand larceny might be invovled.
Heck the filing fee in federal court is $350 so that alone makes it a case of throwing good money after bad to try to collect in some cases. Besides, you have to file in the defendant's jurisdiction which puts even more of a burden on the plaintiff. Unless you file pro se (not adviseable unless you're really good with the law), you have to find a lawyer who is registered in the federal court to act on your behalf - more cash pizzed away. It simply isn't worth going 'federal' for the small time claim. BTW, if the suit is federal and they are incorporated in Delaware, don't even bother.
The ONLY way you can get around this is if the person violated federal law AND the fines, penalties, awards, etc have an award provision that allows for damage awards that fall outside this "floor" amount to qualify for federal suit coverage. We're going on 2 years in filing such a suit (still haven't got the defendant before the judge) so don't think you'll have a timely resolution anytime soon.
Doing business has its challenges and even doing face-to-face business can be hard to collect. Try collecting on a bad check sent from someone out of state. Try collecting from a bad check passed IN state. Try collecting period.
If you deal with an in-state loss, you might be able to use a mechanics lein to tie up the defendant - some states put some real meat into their mechanics lein provisions. A friend nearly took posession of a guy's race car team and hauler over an unpaid bill that the organization tried to stiff him on - little did they know how many teeth were in the laws for the friend's state, that they coincidentally just had to go to race at as part of their traveling series. BTW, he got his money PROMPTLY when they learned of the consequences of a mechanics lein.
No matter what happens, you will become MUCH more conversant in the law as you try to collect bad debts from the scofflaw low life who try to stiff you out of your wares.  |