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lantrk
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Reged: 12/02/07
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loggers crossed property line
12/02/07 07:34 AM
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i live in central georgia.early this year loggers crossed onto my property and cut 2 truckloads of timber.they said it was' t clearly marked.the owner of the crew and i came to an agreement and he held up his end of the deal except for $900.00.well i was forced to sue.the judge awarded me with the win but i still did not get paid and the judge said "i cannot make him pay you" so i had to get a fifa against him if he sells any land i would get my money.the man doesn't own any land.has anyone had anything like this happen and how was it handled
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Pat
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Reged: 09/15/02
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Loc: SouthCentral Oklahoma
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Re: loggers crossed property line
[re: lantrk]
12/02/07 09:25 AM
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Depends on his position in the community and whether or not he perceives that there is a negative value to him if you spread the word.
We all hate to be taken advantage of, lied to, etc but in the big scheme of things is it worth it to you to to make this guy a hobby with little or no chance of actually recovering any money?
Sure there are a jillion dirty tricks you could employ as revenge but it won't get you paid and it might get you some out of proportion retaliation directed at you and yours that you don't really want.
A judgment is just that, a judgment. The judge listened to the facts as presented and agreed that the logger owes you. How you get him to pay is another issue. If the judge had actually ordered him to pay and he didn't then he could be found in contempt of court but apparently your judge is a cream puff.
Good advice is if the info in the first paragraph doesn't do it for you and you can't get a legal handle on him then cut your losses and get on with the rest of your life.
Pat
"I'm not from your planet, monkey boy!"
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jml755
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Reged: 01/22/07
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Loc: Southeastern Michigan
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Re: loggers crossed property line
[re: lantrk]
12/03/07 08:42 AM
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If you know his bank, I believe you can get a document from the court to take to the bank and garnishee his account. That is what I was told when I won a case in Small Claims Court years ago here in Michigan. Didn't have to use that method, but it might work for you. Just depends on how much time/effort you want to put in for $900. Minimum I would do is spread the word on the guy. I agree with Pat, though. Life is too short to worry about some stuff.
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Michael
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Loc: Collins MS
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Re: loggers crossed property line
[re: lantrk]
12/03/07 11:49 AM
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The judge CAN make him pay, with a garnishment, ordered auction of assets to meet judgment, sitting in jail for contempt of court until he decides he can pay the money (ask a dead-beat dad), he should also have to pay interest as well as damage to the land and the cost of re-planting. Knowing where the property line is prior to cutting any trees is solely the responsibility of the logger, not you. Don't settle for the judge's lame excuse, contact your state's judicial review committee or the appropriate judicial oversight committee.
You ARE a redneck if... you knew someone whose last words were "Hey y'all, watch this!"
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Toadhill
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Reged: 10/25/07
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Loc: Catt County N.Y.
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Re: loggers crossed property line
[re: lantrk]
12/03/07 04:11 PM
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Get a lien on his equipment. It's not unheard of for some shyster loggers to not own much in their name, it's often in a wife's name.
If the property lines weren't well marked, it is the responsibility of the landowner to see that they are before he has someone log his land. It's also not uncommon for some of these loggers to "accidently stray" across property lines if some nice timber is on the other side.
I can't control my day but I can control my attitude.
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srusse11
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Loc: central Louisiana
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Re: loggers crossed property line
[re: lantrk]
12/18/07 03:24 PM
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This same thing happened to me last year. Central Louisiana pine timber country. Long story this but after hiring a surveyor (we were not sure of the exact line, however we know it was not curved) and a Forester to cost out the timber the logging company paid on invoice. No argument. Recognizing my case and yours are opposite, I think I'd consult the state forest association in your state. Ours was a biggggg help in identifying all the parties I needed to consult with. If you are not a member perhaps you need to be. Land has been clear cut now on two sides and I'm watching the other two closely. The long side was done by a very large timber company and they laid the line by GPS and its right on. Then they gave it about 10 yards for good measure. Remember these loggers make a living logging. Talk it up as he has to depend on others for his next gig. cheers.
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pappy19
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Reged: 03/30/07
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Loc: Garden Valley, Idaho
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Re: loggers crossed property line
[re: srusse11]
12/19/07 08:32 AM
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Most states have a double or tripple stumpage rate assessed to trespass logging. You should check your state's timber laws to be sure. This is another case where boundary marking is very important to woodland owners. Having been a forester for 30 years, I have seen all manner of trespass cases and have been an expert witness on many court cases. Conducting a bearing a distance survey on your own can be done with a staff compass and tape or GPS. Use timber marking paint and mark both sides of the boundary tree at least every 20-30 feet along the boundary. A registered survey is best, but costs alot more money. If you do the boundary marking yourself, then the adjacent landowner would have to prove you different.
2008 F-250 V-10 Loaded
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1996 Ford Bronco
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archangel
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Loc: Chicago land area
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Re: loggers crossed property line
[re: lantrk]
02/16/08 09:26 PM
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Like they said about the logging laws, you have to look into it, but there is wage garnishment (his) and also a till tap (company income garnishment as payments come in)!
His Bank account can be attached, his personal and his company vehicles can be repossessed, personal property lien (the home he lives in) and one step further for the company property and any property not his primary home, called foreclosure (again, his and company), and all the expense for these are HIS and are deducted as your money is collected and can cost him BIG$$$$$$$!
Been there and done that!
It can be a satisfying hobby!
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