How to: Sue Someone? - Tilted Forum Project Discussion Community

NoSoup · 03-01-2006, 11:28 AM

Basically, I'm wondering how I would go about suing someone. I had hoped that it wouldn't come to this, but it looks like suing them and likely having their wages garnished is going to be the only way I'll get the money I loaned back.

I have absolutely no idea how to go out doing something like this, so any help you guys can offer would be very much appreciated. For what it's worth, I live in Wisconsin - just in case that changes a few things.

Thanks!

ShaniFaye · 03-01-2006, 11:50 AM

I think how much money it is depends on which court you do it in

The_Jazz · 03-01-2006, 12:43 PM

Research your local small claims court requirements and see what paperwork is needed and what the cutoff amount is. If you can't get it done in small claims, you really need to hire a lawyer.

maleficent · 03-02-2006, 06:28 AM

http://www.wicourts.gov/about/pubs/c...laimsguide.htm

Small claims court may be used only for certain types of cases:

Lawsuits (such as breach of contract, property damage or personal injury) when the amount claimed is $5,000 or less
All evictions, regardless of the amount of rent claimed
Actions for the return of earnest money tendered pursuant to a contract for purchase of real property, regardless of the amount claimed
Replevins (repossessions of property) if the value of the property does not exceed $5,000 or if the property is consumer goods leased or purchased on credit from a dealer
Actions for the confirmation, vacation, modification or correction of an arbitration award where arbitration was in settlement of a controversy arising out of a transaction for the purchase of real property, regardless of the amount of that award
Garnishments (to enforce judgments from funds owed to the debtor) when the amount owed is $5,000 or less
Property taxes (suits by municipalities to recover delinquent personal property taxes)

The way I'm reading it - is first you have to sue to recover the money owed (burden of proof is on you) then if he doesn't pay you - you have to sue again to get his wages garnished... When he borrowed the money from you - did he sign anything? If he didn't at best you have a verbal contact... Tough to enforce there...

Good luck - I wish I had actually sued the moron who borrwed a chunk of change to the tune of several thousand dollars from me -then never paid it back...Expensive lesson learned for me - to never ever again lend money...

NoSoup · 03-04-2006, 11:56 AM

Well, to be perfectly honest, I have noone to blame for getting into the situation but me. Worse than that, I knew that one day it may actually come to this.

Ah, well - live and learn, right?

I don't have the total amount of money he owes me in writing. However, it is in fact a tenant of mine - and I do have a lease signed, so worse case scenario I should be able to get all the back rent that he owes me.

I have kept an excel spreadsheet of any money borrowed from me and what it was for - as well as when it was borrowed, but I have nothing else other than the lease signed by him. I hope to change that soon, though

Thanks for the help guys

03-01-2006, 11:28 AM	#1 (permalink)
NoSoup Non-Rookie Location: Green Bay, WI	How to: Sue Someone? Basically, I'm wondering how I would go about suing someone. I had hoped that it wouldn't come to this, but it looks like suing them and likely having their wages garnished is going to be the only way I'll get the money I loaned back. I have absolutely no idea how to go out doing something like this, so any help you guys can offer would be very much appreciated. For what it's worth, I live in Wisconsin - just in case that changes a few things. Thanks! __________________ I have an aura of reliability and good judgement. Just in case you were wondering...

03-01-2006, 11:50 AM	#2 (permalink)
ShaniFaye Submit to me, you know you want to Location: Lilburn, Ga	I think how much money it is depends on which court you do it in __________________ *I want the diabetic plan that comes with rollover carbs. I dont like the unused one expiring at midnite!!*

03-01-2006, 12:43 PM	#3 (permalink)
The_Jazz Asshole Administrator Location: Chicago	Research your local small claims court requirements and see what paperwork is needed and what the cutoff amount is. If you can't get it done in small claims, you really need to hire a lawyer. __________________ "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - B. Franklin "There ought to be limits to freedom." - George W. Bush "We have met the enemy and he is us." - Pogo

03-02-2006, 06:28 AM	#4 (permalink)
maleficent Junkie Moderator Emeritus Location: Chicago	http://www.wicourts.gov/about/pubs/c...laimsguide.htm Small claims court may be used only for certain types of cases: Lawsuits (such as breach of contract, property damage or personal injury) when the amount claimed is $5,000 or less All evictions, regardless of the amount of rent claimed Actions for the return of earnest money tendered pursuant to a contract for purchase of real property, regardless of the amount claimed Replevins (repossessions of property) if the value of the property does not exceed $5,000 or if the property is consumer goods leased or purchased on credit from a dealer Actions for the confirmation, vacation, modification or correction of an arbitration award where arbitration was in settlement of a controversy arising out of a transaction for the purchase of real property, regardless of the amount of that award Garnishments (to enforce judgments from funds owed to the debtor) when the amount owed is $5,000 or less Property taxes (suits by municipalities to recover delinquent personal property taxes) The way I'm reading it - is first you have to sue to recover the money owed (burden of proof is on you) then if he doesn't pay you - you have to sue again to get his wages garnished... When he borrowed the money from you - did he sign anything? If he didn't at best you have a verbal contact... Tough to enforce there... Good luck - I wish I had actually sued the moron who borrwed a chunk of change to the tune of several thousand dollars from me -then never paid it back...Expensive lesson learned for me - to never ever again lend money... __________________ Free your heart from hatred. Free your mind from worries. Live simply. Give more. Expect less. Last edited by maleficent; 03-02-2006 at 06:32 AM..

03-04-2006, 11:56 AM	#5 (permalink)
NoSoup Non-Rookie Location: Green Bay, WI	Well, to be perfectly honest, I have noone to blame for getting into the situation but me. Worse than that, I knew that one day it may actually come to this. Ah, well - live and learn, right? I don't have the total amount of money he owes me in writing. However, it is in fact a tenant of mine - and I do have a lease signed, so worse case scenario I should be able to get all the back rent that he owes me. I have kept an excel spreadsheet of any money borrowed from me and what it was for - as well as when it was borrowed, but I have nothing else other than the lease signed by him. I hope to change that soon, though Thanks for the help guys __________________ I have an aura of reliability and good judgement. Just in case you were wondering...