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ECIL | Don't bother sending a letter, even certified, about taking action. Just start the proceedings. If you send a certified letter and the mail carrier tries to deliver in person the recipient can refuse to sign for it anyway. All that will prove is he knows he owes but won't follow through and pay up. With the proceedings make sure to include any and all costs incurred with the amount owed. Make sure to document everything possible.
I don't know about Kansas or crossing state lines, but with ILL a claim has to be filed with the court. If the defendent doesn't show up he is automatically in default and will be given 30 days to make good with the amount owed plus any and all legal costs the plaintiff incurs. If he doesn't pay up you will need to find where he banks (easier said than done since you don't have a cancelled check to go by) and get a citation from the courthouse sent to the bank for automatic garnish from his account of the amount in question. Or you can have a summons issued for him to appear before the court to pay up. If he doesn't appear for the summons a warrant will be issued for his arrest and the court will command he pay up, either by cash or GOOD check or by asset liquidation for the amount owed. I am NOT a lawyer, I think that is how the process works, at least for ILL. Consult legal advice first. If it is possible to go through small claims you can save some $$ but will have to do the leg work and legal proceedings yourself. That can be a pain and a hassle. Good luck, and I hope you get the money owed. | |
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load of hay = no pay now what?
