gr8white Posted October 1, 2013 Author Share Posted October 1, 2013 The judge says' "Mr. Thiemann, I am amazed by the amount of detail, organization and receipts that you have presented to me today and I am awarding you the amount in full that you are suing the defendant for." Its a wrap! WIN!!!! $12,000.00!. I feel as if the world has been lifted off of my shoulders. It is a great day! Quote Link to comment Share on other sites More sharing options...
stamar Posted October 1, 2013 Share Posted October 1, 2013 nice how do you collect it now? first thing id look into is tax law you might need to spend it right away on something write off able. Quote Link to comment Share on other sites More sharing options...
linda s Posted October 1, 2013 Share Posted October 1, 2013 The judge says' "Mr. Thiemann, I am amazed by the amount of detail, organization and receipts that you have presented to me today and I am awarding you the amount in full that you are suing the defendant for." Its a wrap! WIN!!!! $12,000.00!. I feel as if the world has been lifted off of my shoulders. It is a great day! OMG I am sooo happy for you. Justice prevails. Can't wait to see what your new toyhome looks like. Linda S Info for others, 12,000 is the maximum amount allowed in small claims in Pa. Quote Link to comment Share on other sites More sharing options...
gr8white Posted October 2, 2013 Author Share Posted October 2, 2013 You are correct Linda. I received a judgement for the state maximum. Now he has 30 days to appeal or pay me or make a payment plan that I agree with. Otherwise, the judge sends a sheriff out to sell his property and sells everything he owns besides real estate to pay me. . She explained to him that if it comes to this point, he will lose money because no one really knows about sheriffs sales and they bring bottom line dollar. He said to me that he will talk to his wife and hopefully come up with something. I really do have 14k into this. I received a judgement for 12k. How much lower should I go than 12k and take the loss is the question. Or should I go lower at all? I want my new RV to travel the country like my original dream. But I dont have the money to buy it. But I don't want to take a huge loss. Thoughts? Quote Link to comment Share on other sites More sharing options...
5Toyota Posted October 2, 2013 Share Posted October 2, 2013 don't give him anything he did not care how much you lost and he sure did not want to help you. when he failed to answer his court summons in a timely manner that is a big strike against him he helped you right there the courts do not like that. Quote Link to comment Share on other sites More sharing options...
WME Posted October 2, 2013 Share Posted October 2, 2013 12K will buy an almost perfect Toy. 7K for the Toy and 5k to fix it up. Take the 12K and start looking. You know about Toys now, get what you want. Toys are cheaper this time of the year. If you settle for less than 12K you better have a GEM in hand, not a gem in the bush. Quote Link to comment Share on other sites More sharing options...
stamar Posted October 2, 2013 Share Posted October 2, 2013 its not possible the person will have 12k to give you to buy a toyhomw in fact dont even window shop for one it will get frustrating. If they even make payments youre a long way off . Sorry to be reality for people. Quote Link to comment Share on other sites More sharing options...
gr8white Posted October 2, 2013 Author Share Posted October 2, 2013 its not possible the person will have 12k to give you to buy a toyhomw in fact dont even window shop for one it will get frustrating. If they even make payments youre a long way off . Sorry to be reality for people. This guy is the highest net worth individual in my city. He has millions in liquid assets. The judge explained to him that if he dont make an agreement with me that I accept or pay me in full within 30 days she will send the sheriff out to sell his stuff. She also explained that sheriffs sales bring hardly no money because no one is aware of them. His only option is the pay me or appeal which would make him pay more in attorney fees and loss of us. My question is how long can an appeal delay things. Maybe years? Quote Link to comment Share on other sites More sharing options...
linda s Posted October 2, 2013 Share Posted October 2, 2013 You are correct Linda. I received a judgement for the state maximum. Now he has 30 days to appeal or pay me or make a payment plan that I agree with. Otherwise, the judge sends a sheriff out to sell his property and sells everything he owns besides real estate to pay me. . She explained to him that if it comes to this point, he will lose money because no one really knows about sheriffs sales and they bring bottom line dollar. He said to me that he will talk to his wife and hopefully come up with something. I really do have 14k into this. I received a judgement for 12k. How much lower should I go than 12k and take the loss is the question. Or should I go lower at all? I want my new RV to travel the country like my original dream. But I dont have the money to buy it. But I don't want to take a huge loss. Thoughts? You have a judges order for him to pay you 12 grand. In some places if you agree to a different amount after that you can invalidate the original order. Do not agree to anything other that what the judge ordered. He can borrow enough to pay you. He owns property. You are not the one who has to wait for payments Linda S Hope fully he has a good attorney who will advise him that an appeal can easily exceed the 12 grand he owes you Quote Link to comment Share on other sites More sharing options...
sdboltdude Posted October 2, 2013 Share Posted October 2, 2013 glad to see you won your case I hope everything get resolved soon.. steve The judge says' "Mr. Thiemann, I am amazed by the amount of detail, organization and receipts that you have presented to me today and I am awarding you the amount in full that you are suing the defendant for." Its a wrap! WIN!!!! $12,000.00!. I feel as if the world has been lifted off of my shoulders. It is a great day! Quote Link to comment Share on other sites More sharing options...
Sunnynshare Posted October 2, 2013 Share Posted October 2, 2013 You have a judges order for him to pay you 12 grand. In some places if you agree to a different amount after that you can invalidate the original order. Do not agree to anything other that what the judge ordered. That's just not true. Here is my approach. You know that Burkett can appeal and get a whole new trial for maybe 500 dollars down payment that will delay things for months, if not years. That and the fact that it is a hassle trying to execute on the judgment are his bargaining chips. But Thiemann has a 12k judgment as his chip. So one approach is before Burkett appeals (read before he invests more money) approach him and say, "hey Charles, I am tired of hanging around this old town and ready to mosey on down the road. You know it was a slam dunk in court and I will win any appeal; you will have to pay an attorney to represent you. Give me 10k (or whatever amount less than 12k) within the next two weeks and I will file a satisfaction of judgment and be on my way. Then we can put this whole thing behind us." Then negotiate a decent figure and hit the road. Kim Quote Link to comment Share on other sites More sharing options...
gr8white Posted October 2, 2013 Author Share Posted October 2, 2013 That's just not true. Here is my approach. You know that Burkett can appeal and get a whole new trial for maybe 500 dollars down payment that will delay things for months, if not years. That and the fact that it is a hassle trying to execute on the judgment are his bargaining chips. But Thiemann has a 12k judgment as his chip. So one approach is before Burkett appeals (read before he invests more money) approach him and say, "hey Charles, I am tired of hanging around this old town and ready to mosey on down the road. You know it was a slam dunk in court and I will win any appeal; you will have to pay an attorney to represent you. Give me 10k (or whatever amount less than 12k) within the next two weeks and I will file a satisfaction of judgment and be on my way. Then we can put this whole thing behind us." Then negotiate a decent figure and hit the road. Kim I like it Kim. Here is the situation he is in. if he appeals, he pays all of the loss of use items that the magistrate couldn't consider and will lose around. 16k. He will have to pay his attorney at least 3 k and of course mine at least 3k because my fee's on an appeal are reimbursed. Or, he can not pay me and the judge will order a sherrifs sale which he would take a major loss on. Or, he can try to work it out with me. I already have in mind the minimum that I will accept. That is 11k and a full toolbox full of all the tools that I will ever need. Otherwise, bring it! At this point I consider it an investment and will buy my own RV. Good news on that front. I recruit for the mortgage banking industry and now I work part time to recruit for the energy industry. My side job with the energy industry wants me to drive their company 2013 Chevy HD 2500 and pay for all of my personal and business gas because it is a natural gas vehicle. This means that I will buy a bad behind 5th wheel and live my life on the road and get paid for it. Cant wait! I hope you dont exclude me from the community because this is where I found my love for an RV. I am so happy this part is over! Amped! Quote Link to comment Share on other sites More sharing options...
dkwct Posted October 2, 2013 Share Posted October 2, 2013 I have been following the saga of your rv and I am very happy to see that you got some satisfaction for your loss dkwct Quote Link to comment Share on other sites More sharing options...
5Toyota Posted October 3, 2013 Share Posted October 3, 2013 go for it and leave the bad things behind Quote Link to comment Share on other sites More sharing options...
gr8white Posted October 3, 2013 Author Share Posted October 3, 2013 Im not taking anything less than the 12k. It has been decided. If he appeals I will get about 6-8k more. Quote Link to comment Share on other sites More sharing options...
gr8white Posted October 3, 2013 Author Share Posted October 3, 2013 Also, the only reason he would appeal would be to buy time to sue his insurance co. I would think that insurance company lawsuit will take longer than my appeal anyway. I am not sure to the answer to this. I would like to include this in my talk with him tomorrow. Does anyone know the answer to this? Quote Link to comment Share on other sites More sharing options...
RVdaytrader Posted October 20, 2013 Share Posted October 20, 2013 Wow, sorry for your loss...made my stomach churn looking at those pics...I have the same MH but an 89 with the same color and layout. Hope you find a replacement soon! Quote Link to comment Share on other sites More sharing options...
gr8white Posted November 6, 2013 Author Share Posted November 6, 2013 So now the mechanic has appealed the ruling of the magistrate. He told me that he is trying to buy time to go after his insurance company. He said that he knows that if this makes it in front of an appeals judge it would not be good for him because it will piss the judge off knowing that he doesnt have a legitimate reason to appeal. Now I had to pay 2,500.00 for an attorney who told me that with discovery and arbitration this could take 1-2 years. Which means I can possibly lose 2 more summers. The mechanic that burnt it down is one of the heads of the Morman church. In his religion he is supposed to "always be honest in his dealings with his fellow man." When I dropped off my rent yesterday I asked him if he is going to accept it after what he put me through. He said if you want a place to live you have to pay it. I said fine. But you are not honest with your dealings with your fellow man. So frustrating. This sucks! Quote Link to comment Share on other sites More sharing options...
gr8white Posted November 6, 2013 Author Share Posted November 6, 2013 That is not the only place on earth you could be living. I want to move to Texas but wait for this to be finished. I am not going to move somewhere else and pay moving expenses because of him. I will park my behind right here and make him deal with me and I am not an easy person to deal with. It makes him un comfortable and I like it that way. It doesnt make me un comfortable because I never see him and I like my little cabin in the woods. So unless I move to Texas which wont be until next year I am going to park my behind right here. I am not in the wrong and have done nothing wrong. I just hope it doesnt really take 1-2 years. Quote Link to comment Share on other sites More sharing options...
Homerocks Posted January 11, 2014 Share Posted January 11, 2014 (edited) So, I was searching some electrical problems, and I stumbled across this thread. Yikes! Is there any update? I will admit that I skimmed many of the tangent posts in this thread while reading in full the posts by the few main contributors. With that being said, Sunnynshare really provided some great information on the surface, but mostly he provided a wealth of knowledge between the lines about lawyers and the judicial system. So how did this all turn out? Edited January 11, 2014 by Homerocks Quote Link to comment Share on other sites More sharing options...
stamar Posted January 12, 2014 Share Posted January 12, 2014 I think we can let it restMy best car ever was an infiniti i30 that a tweaker with no insurance totalled.Theres no happy ending and I get reminded of it too much...Years later. Its jarring to have something nice taken it makes you afraid to get something nice again.Im sure its on a short list for psychologists. Quote Link to comment Share on other sites More sharing options...
DanAatTheCape Posted January 15, 2014 Share Posted January 15, 2014 I am not a lawyer, but my understanding if someone gets a judgement (as I think you have) and that judgement is not paid then they have to go after the defendants assets. Some states differ. And if they have borrowed against their assets it makes it a lot harder as those assets are encumbered - i.e: the person who made the loans has first dibs on those assets. as for the religion - I would not assume that makes anyone "honest" or "good" . I do believe that people in some religions "stick together" & LDS is one that fits that description. If you have a judgement & you have time i would go to the clerk of court/ property appraiser office & start researching the defendants assets & see how they are encumbered. Any attorney can guide you on how to garnish wages, receipts & how to legally take assets. Often small fry merchants are not legally pursued because "you can't get blood from a turnip". Of this guy is willing to accept a reduced payoff amount I would seriously consider it. he does have a reputation & a life to live so he might (let me emphasis might) want to move on. Or he might be really hard headed. He also might understand that you will eventually move on & that he hopes to out wait you. Good luck! Quote Link to comment Share on other sites More sharing options...
gr8white Posted June 26, 2014 Author Share Posted June 26, 2014 Hello people! Im sure many of you has been wondering what ever came of this. Sorry that I have not come back sooner as I have been busy. I did get an excellent attorney and now we are past the discovery stage. Last week the mechanics attorney requested a face to face meeting to discuss a settlement and I declined on my attorneys advise. He said its just another stall tactic. The next step is an arbitration hearing. This should be soon but who the hell knows. I moved on with my life and bought a truck and a 5th wheel. I am moving into the 5th wheel this weekend and hitting the road to live in it full time and travel the following week. I will be back here to check if anyone has any questions as you were all so much help. Here is a pic of my new rig! I'm so excited! I bought 2 new Honda 2000iu generators that I can tether together . Thanks again for all of your help and I will always be an active member here. I will be back more often now. I was a bit frustrated for awhile and worked my way out of it financially to put myself in this position. Quote Link to comment Share on other sites More sharing options...
linda s Posted June 26, 2014 Share Posted June 26, 2014 Yes very good to hear from you. Looks like a very nice set up you have. I wish you all the best in the future Linda S Quote Link to comment Share on other sites More sharing options...
gr8white Posted June 26, 2014 Author Share Posted June 26, 2014 Thanks guys! Feels great to move on! Anyone have any good links on places to boondock? The only thing that sucks about this 5th wheel is that it has 2 slides and 1 of them needs to be out to go in it. I dont think wal mart allows this. any ideas? Quote Link to comment Share on other sites More sharing options...
gr8white Posted June 26, 2014 Author Share Posted June 26, 2014 I know! It makes no sense. I can just put the one slide out 1 foot and I would be ok. Im thinking about getting a discount camping membership since I will be full time from either passport american or thousand trails. Any thoughts on these places or better places? They seem to only work on weekdays and have alot of blackouts. Quote Link to comment Share on other sites More sharing options...
toyohome Posted June 27, 2014 Share Posted June 27, 2014 I really like PA. I have stayed in some very nice, small, mom and pop places. I think PA is very good value. Boondocking: Try: www.freecampsites.net The price is always right! If you're a senior or handicapped, try the National Park passes. They're good for free entry and 1/2 off camping fees, etc. Did you know that you can camp (boondock) for free in national forests (unless otherwise posted). Check out corps of engineers, bureau of land management, etc., for free or low cost camping. I'm planning a trip to Quartzite, Arizona next January for the big RV event. There are thousands and thousands of acres of free camping on the BLM lands in the area. There are so many beautiful and free areas to camp, that Walmart should be your last resort. (Walmart is hardly a resort, at least for mainstream America)! I'm not sure, but I think Thousand Trails is one of those time share-like deals. Typically they are expensive, have skyrocketing maintenance fees and have limited appeal for those who prefer nature to a crowded parking lot full of people, dogs, and screaming kids with 'planned activities' like free popcorn nights and unlimited shuffleboard. Best of luck! See you in Quartzite! Quote Link to comment Share on other sites More sharing options...
Damon Posted July 3, 2014 Share Posted July 3, 2014 One helluva thread. Hope he lets us know the final outcome. I'm glad he's on the road! Quote Link to comment Share on other sites More sharing options...
gr8white Posted July 8, 2014 Author Share Posted July 8, 2014 Hi Corbin, I couldnt find that app. Is there another name? Quote Link to comment Share on other sites More sharing options...
Viking66 Posted July 11, 2014 Share Posted July 11, 2014 A Sunrader I used to own recently burned to the ground. I kept in touch with the man who bought it and he told me of the tragedy. He loved it as much as i did. I feel real bad for him, I think he was practically living in it. Quote Link to comment Share on other sites More sharing options...
gr8white Posted August 25, 2014 Author Share Posted August 25, 2014 So I lost the appeal. I won at the magestrate and when I got to this hearing he all of a sudden felt that I had an electrical problem because he had to jump it. All it was was that the radio wouldnt shut off because it was wired wrong. I can appeal but it would cost me a ton. Quote Link to comment Share on other sites More sharing options...
Mikesta Posted November 25, 2014 Share Posted November 25, 2014 we use passport america when we travel. Didn't boondock too much. We scored a 1000 trails membership for $3000 with 600 yearly dues. It was hard to find, but if we wanted to we could stay 21 days at a time at resorts for about $2 per day. Glad to hear you've moved on. What comes around goes around. Quote Link to comment Share on other sites More sharing options...
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