Me vs. Trausch Farms

[hntwhitetail]

It sounds like they are headed for bankruptysy-Id br getting a judgement quick: that way if they have any income which must be listed-they may go chapter 11 to keep thier properties-and at lrast you will get partial payment-depends upon state BK laws O0

Good advice.  I have went this route a few times on other transactions besides cattle.

 

[DLD]

RMB  from past experience your best and cheapest option is the County Attorney assuming it was transacted in the state you live in .It will cost around $85 to file at courthouse .There will be a hearing and judgement rendered.Problem then is collecting judgement.You can not go to someones place and take your cattle back although some have.Regular lawyers have their place but that is the County Attorneys job.I would have thought you would have got it settled as bad P.R. is bad for business.

I agree with this. A few years ago we had a guy write a check for a heifer that bounced. Tried to get a hold of him and he disappeared. (This guy lived in another state.) I called that county's DA and talked to him he tried to prosecute him but he left the state and they couldn't find him however it wasn't going to cost me a lawyers fee. You might check in to that. Good luck and THANKS for alerting us about this!

I agree that your DA should help, the question is if they're willing.  Our old DA helped me out on a couple deals - usually just a phone call or letter from them works miracles on someone that really intends to pay, but is just dragging it out for whatever reason.  The one's that never intended to pay you however, know that in most states, if you let something go on the promise to be paid later you've just extended them credit and it's a civil matter, not criminal.  Our current DA won't touch these cases (as a friend of mine can attest to).  Most of these people know that by the time you hire an attorney and file a civil suit, even if they eventually do have to pay you, it'll end up costing you in the end.  So they count on you shutting up in hopes that they may someday miraculously pay up.  Just another great example of the direction society and the legal system are going.

If I know and trust a family that's buying a calf to feed, I may let them pay after they get paid for their last set.  I have a few good friends in the business that I trust that can say hey I need a few days to pay for this, and I'm okay with that.  Otherwise nothing's leaving my place without a check in my hand, dated the day of the transaction - our DA will try to prosecute for a bad check, at least...

 

[cattlecountry]

I have been waiting for a reply from Trausch on here since it started. Why won't they come forward or at least apologize to those that are harmed. It troubles me that they don't respond when they know this is happening on here. Evading and ignoring and scapegoating is not good for any business or reputation they need to come forward and make things right.

 

[hntwhitetail]

I have been waiting for a reply from Trausch on here since it started. Why won't they come forward or at least apologize to those that are harmed. It troubles me that they don't respond when they know this is happening on here. Evading and ignoring and scapegoating is not good for any business or reputation they need to come forward and make things right.

+1

 

[OKshorthorn]

This is something that I learned in my past job, we received several bogus checks a year.

The DA should prosecute all bogus checks for you, however there are a couple things that you can do to help.

When you get a check, ask to see their drivers license. Make sure that the addresses match up, along with the name. Then, next to their name, wrote the drivers license number on the check and initial, then ask the person giving you the check, to also initial the area where you wrote the license number.

By doing this, you have eliminated all avenues for them to get out of paying for it, most likely them claiming that someone stole their checkbook and it wasn't them. I have been told by a DA that by taking those steps, it's case closed, they are getting out of it. It may take awhile to obtain all that is owed, but you will get it.

 

[Shorthorns4us]

Just following along with your thread.

I have some experience with collections, etc.  I just wanted to give you what guidance I know:
1.  What is the total owed-- in Iowa if it is over $5000 you will have to use a lawyer to file in district court.  If it is under $5000 you can process yourself in small claims.
2.  File in the county that the person lives/or does business--- you may need to double check that to be sure-- just because they have an office in that county- you may need to file where they live?
3.  Be sure you have your records on who you are filing against-- them as individuals or the farm as a corporation-- this is where you will need to clarify who you did the business with.
4.  This part of the state is all electronic filing now-- be sure to set up a user name and password on the Iowa courts site to file your case if it is small claim.
5.  If you receive a judgment in your favor- start to gather information on what you can garnish.  You may be able to attach to bank accounts, etc.  Garnishing includes more paperwork to file and another fee to the court, but if you have a solid lead- it is worth it.
6.  If you are unable to find anything to garnish-- file for a debtor's exam.  This is a court ordered appearance by the defendant to tell the judge what assets they have and the judge will decide if any property or money has to be immediately paid to you to fulfill the judgment.

Best of Luck!
EF

 

[GoWyo]

If it is unclear who owes the money -- i.e. the individual or a corporate entity, sue both of them and let the judge sort it out.  If they default, the judgment is against all of the defendants.  Basically, it boils down to:

Rule 1 -- sue them all
Rule 2 -- most importantly, sue the one with the money. 

Garnishments work really well where you know of someone who owes the defendant money.  The court will issue a writ of garnishment and you serve that on the defendant's creditor to intercept the money and have it paid into court.

<cowboy>

 

[LLBUX]

Trausch is supposed to have an on-line sale on Thursday but have not posted any Pix of videos.

Same outfit?

 

[JasonandKim]

Kim McNatt and myself, Jason Holder current manager at Trausch Farms began employment with Trausch Farms on July 1, 2014.

Thank you,

Jason Holder and Kim McNatt

 

[ploughshare]

If it is unclear who owes the money -- i.e. the individual or a corporate entity, sue both of them and let the judge sort it out.  If they default, the judgment is against all of the defendants.  Basically, it boils down to:

Rule 1 -- sue them all
Rule 2 -- most importantly, sue the one with the money. 

Garnishments work really well where you know of someone who owes the defendant money.  The court will issue a writ of garnishment and you serve that on the defendant's creditor to intercept the money and have it paid into court.

<cowboy>

This will only work if they don't sue the accuser first for libel or unfair credit practices.  It is against the law to publish credit worthiness or publicly comment on a person's credit without their consent unless its in the official public arena.  I know of at least two livestock promoters / producers who would twist this argument around to their benefit on those grounds.  At least one posts on this board.  There is no honor among thieves.

 

[fusion20]

Kim McNatt and myself, Jason Holder current manager at Trausch Farms began employment with Trausch Farms on July 1, 2014.

Thank you,

Jason Holder and Kim McNatt

so . . . tell the owners to pay their bills. 

 

[hntwhitetail]

Kim McNatt and myself, Jason Holder current manager at Trausch Farms began employment with Trausch Farms on July 1, 2014.

Thank you,

Jason Holder and Kim McNatt

As said before, lets get this shook out then.

 

[rmbcows]

First of all, Jason was not a Trausch employee when this all began. 

I'm sure he has no control over the checkbook.  I know I'd never tell my boss anything about his checks and balances unless I was ready to look for another job.

I hope to have some good news about this issue this week.  Fingers crossed.

 

[GoWyo]

If it is unclear who owes the money -- i.e. the individual or a corporate entity, sue both of them and let the judge sort it out.  If they default, the judgment is against all of the defendants.  Basically, it boils down to:

Rule 1 -- sue them all
Rule 2 -- most importantly, sue the one with the money. 

Garnishments work really well where you know of someone who owes the defendant money.  The court will issue a writ of garnishment and you serve that on the defendant's creditor to intercept the money and have it paid into court.

<cowboy>

This will only work if they don't sue the accuser first for libel or unfair credit practices.  It is against the law to publish credit worthiness or publicly comment on a person's credit without their consent unless its in the official public arena.  I know of at least two livestock promoters / producers who would twist this argument around to their benefit on those grounds.  At least one posts on this board.  There is no honor among thieves.

That's why a little less talk and a lot more action will pay off.  It's not libel, slander or unfair credit practices for an individual who is not a debt collector to sue on a well-founded complaint.  An attorney might send a demand letter first to ensure compliance with the debt collection laws, but a private person in small claims court doesn't have to.

 

[DSC]

Told you they were watching this. As the current manager he should do what is right and talk to the owner about the situation. As not only is it making the company look bad but is also making him look bad as he is the current manager. When you go into a company as a manager you have to fix the old problems as well as manage the new. You took the role and all their baggage when you signed on the dotted line......

Just my two cents worth lol

 

[Jive Turkey]

The bad press that this farm is receiving is substantial.

Over 14,000 views on this thread. 

The current manager better quickly have his boss cut a check or have them get on here to explain themselves.

I feel bad for the current manager but like the above poster mentioned, guilt by association.  Just like a marriage, you take on your spouses debt.

There is nothing worse than a crook/thief.

 

[OKshorthorn]

It would be naive to assume this behavior ended July 1st, with new management. I am aware of a current situation, involving the current management that is very similar.

 

[mark tenenbaum]

Kim McNatt and myself, Jason Holder current manager at Trausch Farms began employment with Trausch Farms on July 1, 2014.

Thank you,

Jason Holder and Kim McNatt

so . . . tell the owners to pay their bills. //// AMEN-given the comments so far: I know people need to make a living-but both you guys ARE ASSOCIATED WITH WHAT IS RAPIDLY APPEARING AS A COUPLE OF CROOKS-I hope your checks dont bounce-and I also hope that you do something to help rectify the situation or prevent things from continuing on this note-because IF YOU DONT-alot of the things being mentioned will pass from conjecture to fact in alot of peoples minds-and both of you will have a rude awakening as far what happens in the cattle community when you screw peopler have association with people-entities etc that do so.Paricularly when you try to move in a different direction within said industry-THIS STUFF TRAVELS FAST O0

 

[mark tenenbaum]

Are there any range laws in Iowa? I know in some states that things get pretty ugly if you take someones cattle without payment ot do them harm. Either way its a pretty large civil matter-and I would assume that you could file "an intent to sue" (sorry I dont know the llegal term) and attatch that to thier realestate along with notification to the lender(s) on the property.O0

 

[LLBUX]

They finally got their cattle pictures and video up for their sale tomorrow on Caldwell-Willoughby.  Bidding is open now. (None made yet)

Perhaps a lien on these cattle?

I think they would have a hard time selling these cattle.