Home Forums Hunting & Shooting Hunter's Campfire Atttorney needed - Worth County, Missouri

I don't understand how you get a UPS tracking number without UPS "taking possession" of the rifle? Did you follow up with UPS? Not that they've ever made a mistake somehow...

They printed a shipping label. Doesn't mean it ever got on a truck or dropped off at a store.

In the states where I've had to resort to Small Claims Court, you have to sue the person in the county where they reside or have a business. Different states will have different laws about that.

In my experience, whoever shows up and has good documentation wins. Don't show up, and you'll definitely lose. Show up empty handed, and you'll probably lose.

It is often much easier to get a judgement than it is to collect on it.

One good thing to do is to ask the person in question to pay you something, even just $10. That acknowledges the debt and gets you their bank account numbers, which makes it a lot easier to collect.

I get UPS tracking numbers before they are picked up by UPS.

Amazing how quickly a problem can be resolved after a large ugly friend knocks on the door of the problem individual's residence. Know anybody by the name of Vito? GW

The initial step is to contact the Attorney General for the State you reside. Not knowing the Rules of Law for the State of Montana, I would only believe that one cannot file a claim in small claims court. Small claims court entails rents not received and matters related to such things not totaling more than $1000.00 (Varies according to State). You would have to file a civil claim by serving notice, then have a constable deliver the summons. The fees associated with this vary by State. Our State is a $100.00 filing fee, around $35.00 to pay a constable to deliver summons and the paperwork is time consuming.

I've practiced civil matters for many years and have litigated up to the Superior Court in our State, having been successful. However, the time is unbearable. One case I won in the lower court (District Court) and the opposition appealed to Superior Court. In the interim, the opposition had to pay my filing fees due to the fact they were unsuccessful. At the Superior Court level, it is very rare where a decision shall be overturned by a judge. In lieu of that fact, one must answer the appeal, providing an abundance of documentation to the clerks office. These are just stall tactics by the opposition (lawyer) hoping that one may die or not be present at the hearing. If the plaintiff is not present at all hearings scheduled, the matter is dismissed. This is where the defendant hopes to catch the plaintiff off guard. The time frame was approximately five years before the matter was listed on the docket for trial. At the time of judgement, the opposition (Defendant) decided to pay all my fees, and costs associated with the civil matter, rather than going to trial.

You make no mention of the money to be recovered for this must be listed in the suit one intends to bring. If the cost is $1000.00 or below, not many lawyers, if any will be willing to assist you. They are interested in money, just money and nothing else. If I were in your State, I would be more than happy to assist you in preparing a civil matter. Unless you know the Rules of Law, you cannot fathom the depths of a civil suit. We would strongly suggest you contacting the Attorney General in your State and filing a complaint.

If you wish to pursue a civil matter, you must acquire the agent in charge for the business to draw up the complaint. One acquires the Agent in Charge by contacting the Secretary of State that has their name or the entity representing the business. You must draw up the complaint with the Agent in Charge as the heading. Unless you are experienced in the area of litigation, you should not attempt to file on your own. In my opinion, I have no idea what the B.A.T.F would have to say, nor I do not believe that they could assist unless there was impropriety relating to firearms. If you need anything further, you may PM me. I've been down the road many times and I know many lawyers whom I have worked with. Truly sorry for position you are in. Remember, God sees all things and what this person has done shall return unto him many times over.

It appears as though we may have Safariman's Brother on the forum...........

Maybe in your state. It ain't that complicated in our state. I don't know how current that you are in small claims court, but the states with the smallest amount is $3000 and and ranges to $20,000.

@ butchlambert1

This is the last time I shall address this issue. My paralegal work is known to many, including the Superior Court judges in our State. I've never, not ever heard of a small claims court adhering to stipulations as you set forth. It may be possible, but the price you state seems a bit far fetched. No judge would ever consider to hear such a matter in price as you present, not ever. This is why "Small Claims" is referred to as such. My current status is at the present time, as the Rule of Law still exists. Merry Christmas.

Oregon is $10,000 or less.

20 seconds worth of Google.




P

It was my understanding in Texas if you won in small claims court you could NOT garnish wages. Is that still true ?

kwg

Not sure about wages, but you can damned sure get what they have in the bank.

Have you tried engaging the Postal Inspectors? Since you say the transaction involved shipping by USPS this might be in their jurisdiction.

At what (very well documented) point do you report the gun as stolen? Since you don't have it and the gunsmith says he does't have it then either the gunsmith stole nit or it was stolen by someone at UPS before it was scanned in.

Listen Kid!
All you have to do is a google search on small claims limits by state. I might worry about your paralegal work if you can't even do a search to back your statement.
Chuckle, chuckle, chuckle
I'll make it easy for you: https://www.rocketlawyer.com/article/small-claims-court-dollar-limits-by-state.rl

Paralegals are a dime a dozen.

To not have to use a lawyer or his paralegal is one of the perks of suing in Small Claims Court.

Synoptic, "your paralegal work" isn't known to anybody. Judges or otherwise. Any and all work you do is attached to the lawyer you work for, or you have committed the crime of practicing law without a license.

I had to file a small claim against a guy who caused a three way collision that I was involved in...at the time, the limit here was 5K....I filed everything on line and IIRC, I was able to serve the guy via certified letter....really simple schitt...

No, you can not garnish wages in Texas. Put a lien on his personal property or home.

So what happen to the OP and what’s with the wierd font on the posts?

For a person, yes. If it's a company, or corporation, you can use the judgement to seize the funds out of whatever bank account is in the company name.

Yes sir, bank account is his personal property. It don't matter if he is an individual. No garnishee.