Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Good afternoon Richard. My name is ***** ***** well and I look forward to helping you.
Yes, you absolutely do have the right to recover your money...both the fine that would not have incurred had it not been for the mistake and for the cost to correct the mistake. None of these costs would you have incurred but for the error and he needs to cover these costs. If he won't pay you voluntarily, you should indeed file the suit in small claims court...where you don't need a lawyer. Filing the suit will give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and if he doesn’t then pay the judgment, you can have the sheriff serve a summons on him for a debtor examination. That forces him to meet you in court again and answer questions under oath about his assets. After that information is obtained, you have the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property he owns to satisfy the judgment. In my experience, simply filing the suit is typically all you need to do to resolve this outside of court because most of the time, once served with a summons one is being sued, your debtor will want to pay you rather than defend a suit he can't win.
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