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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37459
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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We recently did repairs on a local farmers tractor. We did

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We recently did repairs on a local farmers tractor. We did only the repairs he had on his list. When we were finished, he looked all over and was satisfied and wrote us a check for $1,800.03 and headed home with his tractor. When we went to cash the check the next morning we found he had stopped payment on the check. We called him and he spent several minutes calling me all the four letter words you could think of but would not tell me what the problem was. We took this matter to our local sheriffs dept. and they gave it to a detective who fooled around with it for two and one half months before going to the DA"s office. They called me yesterday and said the DA refused to take the case on. They said to go to small claims court. BUT I feel that a crime was committed. He now is doing work with his tractor and all MY Parts and Labor and I got nothing. I feel this was stealing from me but no one wants to help. Should I have to hire a lawyer to get justice? Whenever he goes by our shop he honks and flips us the finger laughing. In Kansas anything over $1.000.00 is a felony, so why wont the DA office not want to help us? Please let me know what I should do. Thank You, Mark
Submitted: 11 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 11 months ago.
Thank you for your question, Mark.

I am genunely sorry to hear that you are in this situation. To best answer you I really need to know what you ideally wish to accomplish. I ask that because sometimes 'justice' and what may be the most practical approach could be quite different. This is not a pleasant situation and I prefer to help in the best way possible. Please advise.
Customer: replied 11 months ago.
I would just like to get my $1800.03 and forget I ever knew the guy. In his last telephone call to me to harass me he said I could'nt compete with him. I was just a f---ing grease monkey and he has more money then he knows what to do with. He said our local DA's office was just a bunch of clowns and he was'nt afraid of them. A small business like ours.....that kind of money is a fairly big amount. So I would just like to get my money back.
Expert:  Dimitry K., Esq. replied 11 months ago.

Mark,

Thank you for your follow-up. That helps. Typically seeking 'justice' may end up costing you far more time, money, and resources which you may practically wish to keep to yourself. Just one comment before I explain your options--both the police and the DA have the choice and the ability to choose (or elect not to choose) to bring charges. If they refuse, you can attempt to contact your state's attorney general's office and see if they are willing to pursue. I realize that is potentially unfair to you but I wanted to point out that in this instance the fact that they chose not to pursue is at their discretion.

As for the most practical solution, it truly is small claims court. The amount you are seeking is below the threshold and you can also add filing fees to the amount you are suing for, as well as a bounced check fee that your bank likely charged you when his check did not clear. It also allows you to self-represent. You can bring copies of the check and copies of the parts you ordered for him which he failed to compensate you for. Then, if you prevail, you can pursue collections. Here is where it may get a bit obnoxious against this person--Kansas rules permit you to collect an interest rate of at the least 10% per annum on any uncollected judgment amounts. So if he refuses to pay, the rate and the amount that is owed to you will grow. If he refuses to pay you go back to court, domesticate the order, then attempt to record it against his bank account (which you know as you have a copy of his check) via a bank levy. Or you can seek it against his other assets, or via a wage garnishment. The cost of garnishment is attached to the judgment, which continues to grow. It is quite possible that if he refuses to pay, if done correctly, he may end up ultimately paying out far more to you than he initially attempted to defraud.

(here is the statute on the interest rate: http://kansasstatutes.lesterama.org/Chapter_16/Article_2/16-204.html)

Hope that helps.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37459
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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