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I have often asked
my self this question. If someone owes money, why don't they just pay?
Or at least try to pay? And I've spoken to many people who have the
same view that I do-You owe someone, so You pay. Where is the difficulty
in understanding that?
Well, here's what I've figured out.
1) Some people don't have it. Okay, we
all understand that. Almost all of us have been there. Someone is down
and out. Give them a break. (Unless they are lying.)
2) Some people have the money but refuse to
pay. I make my living taking money (legally) from these people.
My experience is that they are egocentric, self-absorbed, and simply
irresponsible people. Some are outright pathological. You can spot the
pathological oneseasily: They are always right. Everyone else is always
wrong. They have long stories that are almost sensible.
Does this sound familiar? This might be your debtor.
3) Some people have the money, but they know
that the court won't make them pay. So they figure, "Why should
I pay?"
It's true that the court won't make them pay. That's your job (and mine).
But the courts will make them obey the law. So if they don't pay, that's
okay. It's not against the law to refuse to pay. But it is against the
law to lie in court, evade service, or not appear in court after being
served post-judgment.
You may think, "Hey, it's only small claims court. Do the judges
really care?" My experience is that they do. They care very much.
In fact, many small claims judges care more than regular civil judges.
I had a judgment for $350,000 against a person, and the civil judge
said, "Well, it's only money." But in small claims, the judges
can very sensitive when debtor's don't take the court seriously.
Small claims debts have the same force as any other court debt. So,
often you're better off in small claims.
Look again at the three categories above. That
will help you decide how to enforce your judgment. Strategy is everything,
and you need to understand the debtor to figure out which method is
best for them. So to collect a debt, you have to be part psychologist,
part charmer, part clerk, and part investigator. But it's worth it.
The satisfaction you'll get! And what you'll learn about the law! Oh,
yes, and the money too. The money is great, also. But sometimes the
money isn't everything. Yes?
Best Wishes…..Peter Gilboy
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