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Tractor Talk Discussion Board

Re: Repo of property


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Posted by NEsota on December 30, 2005 at 11:24:24 from (208.50.218.94):

In Reply to: Repo of property posted by Biggest John on December 29, 2005 at 21:04:43:

A number of times I felt that I was wronged and that people owed me money. On one occasion I prevailed in U.S. District Court before a jury in a six day trial. The award after attorney and other costs left me with more than I have ever earned in one year. In another matter my attorney threatened suite and settled for the amount demanded, netting me considerably more than the previous trial result. Two times in small claims court I got almost all that I asked. These “successes” were less than total and sure have not make me heady about using the courts to go after what I thought was mine. There were a number of times that I felt owed and did not pursue recovery very far, because of the risk of compounding the losses by making an unsuccessful effort to collect. Many times the courts just do not get it right. To collect, not only do the facts need to be “clearly” in your favor, you need luck. The old saw, “possession is nine tenths of the law” is paramount. We need to get stung a few times in order to really, really learn this.

The Plaintiff in a Civil matter can stop the proceeding when they get tired of paying attorney fees the Defendant in a Civil or Criminal matter does not enjoy that circumstance. Losses taken due to my not collecting have not changed my life much. The possible results of doing some of the things that I thought about, to those owing me, could have changed it a lot. Sometimes it is best to just let it go and save your energy to play another day. Okay, enough all ready. Happy New Year!


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