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Old 01-31-2009, 08:54 AM
 
1 posts, read 3,157 times
Reputation: 15

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Quote:
Originally Posted by Drzy View Post
Do y'all think it's worth suing more for principle than money? We paid $300 to have someone put up our Christmas lights and take them down. The full $300 was paid up front when they came to put them on, and we were told to call and schedule an appointment to take them down anytime after Christmas. After numerous unanswered calls and emails and the arrival of late January, we gave up and got some quotes on getting other people to do it. Quotes ranged from $75 to $150. We ended up buying a 40 foot extension ladder (it's a large 2-story home on a hill) for $175 off Craigslist and doing it ourselves.

We're going to ask him to reimburse us $75, the lowest quote. I doubt he'll answer. Assuming he doesn't, do you sue? On one hand I want to teach the guy a lesson (for lack of a better term), but a) he might not care, b) it may not be worth my time.
Absolutly, just on principal alone I would pursue this individual to ensure he does'nt affect another community members. Steps that consumers can pursue to remediate issues with an individual or business.

1. Have Bexar county mediate issue resolution at Dispute Resolution Center
2. File a complaint with the Texas Consumer Protection Agency and Attorney Generals Office online at Texas Attorney General or toll free at 1-800-621-0508.
3. After the first two have been pursued and if the issue still remains unresolved; pursue small claims court or hire lawyer to pursue civil suit for larger claims. Since you have a clear paper trail, invoices, proof of payment, photographic evidence, Bexar county resolution records, and recorded filing with the Attorney Generals Office. It will be unlikely that the court does'nt file in your favor. Also remember to include any additional legal fees, court fees and service fees as part of your filing.
4. If the court judgement remains unsatisfied; report with judgement Debt with SARMA onto their credit report (good for 7 years); also, contract with a collection agency for recovery (SARMA also provides this service)
5. Register a 'property lein' with the county clerks office (they just need the abstract judgement provided by the court when they awarded your judgement - good for 10 years)
6. contact a legal profressional to discuss the garnishment of wages or goverment benefits. It is possible to garnish wages under some circumstances in Texas such as independent/general contractors that are not employees, etc.

Hope this helps... on the most part this just takes time. There are some legal and court fees you incur upfront that are recoverred at the time judgement is settled. So if it is only going to cost time and effort to satisfy resolution... based on principle alone, I would pursue them in a heartbeat! Not to mention it sends a clear message to the wrong doers that they can't simply get away with stealing from honest consumers and prevents them from victimizing some else down the road.
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Old 02-01-2009, 10:37 AM
 
330 posts, read 1,234,196 times
Reputation: 264
Quote:
Originally Posted by cheermomof4girls View Post
Are the guys you dealt with named Joshua or Tony by chance?
No, ours was a Richard H. I think this falls in the category of consumer complains, so if anyone wants the full name, PM me.

Tetsueo, thank you for the info!
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Old 02-01-2009, 10:43 AM
 
Location: San Antonio
796 posts, read 2,757,620 times
Reputation: 348
We had one company who I think we should have gone with. They were slightly higher in price, but you only paid a portion of it when they put the lights up, then pay the rest when they come to take it down. That makes more sense to me, from a customer stand point to make sure they come back. The reason we did not use them is because my dh wanted the lights up that day we were calling around and those people could not come out for a few days.
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Old 01-24-2010, 07:55 PM
 
Location: McLean, VA
790 posts, read 1,604,790 times
Reputation: 556
Would you consider calling a local TV station about your troubles? Surely, there are other people out there who have been rooked by these guys, too. Since you have the receipts, etc, the court of public humilation might work better than going through small claims court.
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Old 01-25-2010, 08:17 AM
 
Location: New Braunfels, TX
6,257 posts, read 8,985,070 times
Reputation: 6341
If you have a judgement, try to find out where they bank. Show up at the bank w/the judgement on either the 2nd or the 17th (most common paydays are the 15th and 30th), and have them seize the funds from their account. Talk w/YOUR bank first to find out just what you'll need to have with you - I did this back in the early 80's, so my memory is VERY vague on it - all I know is that I got what I was owed, and suddenly they were FULL of promises to pay me....if I'd just put back what I took out because their rent was due.

Um.....needless to say, I didn't - I had my money.
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Old 11-08-2012, 08:00 PM
 
Location: Texas
5,619 posts, read 12,922,258 times
Reputation: 10693
In regards to anyone doing work for you, NEVER pay anybody up front any money at all. If the guy is cheap, guess what, there's a reason. Just how cheap is he if he takes yer money but doesn't do the work or never finishes? If the company isn't big enough to carry its own jobs, it's far too small or a bogus business. NEVER put any money down on any work at your home- same reason applies. Otherwise, it's payment on completion of the work. If a company can't handle that, you don't need them. If it's a LARGE remodel, you can work out a draw schedule with the guy and you can do it with the help of your bank. Expect to pay for a draw inspection though which is usually 50-75 bucks but it beats getting screwed out of thousands.
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Old 11-08-2012, 09:27 PM
 
Location: New Braunfels, TX
6,257 posts, read 8,985,070 times
Reputation: 6341
You're spot-on, TrapperL! I regularly have folks ask me what kind of "deposit" I need. I tell 'em "none" - when I show up and finish my work, you pay me (takes a couple of hours to do). They always seem surprised - but I tell 'em that if I'm not reputable to be able to have an open account with MY vendors - they SURE shouldn't trust me!

When I'm dealing with large systems ($20-50k), then yeah - you pay me a given amount when I deliver the equipment on site, and the balance on completion of the job (again, usually 3-5 days). I'm going to protect myself - but I expect my customer to do the same, and I'm never put off when someone expects me to do my job first, THEN pay me.
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Old 11-08-2012, 09:30 PM
 
48,516 posts, read 83,664,057 times
Reputation: 18036
Quote:
Originally Posted by NMCamper View Post
I was wondering if anyone has ever won a small claims suit for money owed and had a hard time collecting. I have heard that sometimes there are a lot of hoops to jump throught after you win the case. How much extra fees to collect money? Can you have defendent pay those fees? Can you garnish their wages in Texas? How long does the process take? I have done research, but don't seem to get any clear answers for the state of Texas, and I know all states are different. I know you can put a lien on any property they have other than their personal residence, and attempt to collect any property they might own, but not sure of what property could be considered exempt for them Any help would be greatly appreciated. I need my money!
Here at elkast its like collecting any judgement. Often what you do is file the judgement and wait. Also check as to how poften to have to refile the judgement. But remmeber that at least i txas the judgement of small claims si automatically appealable becuase small claims is not a court of record.
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Old 11-09-2012, 06:17 AM
 
Location: San Antonio, TX
11,140 posts, read 20,307,607 times
Reputation: 26372
Quote:
Originally Posted by TrapperL View Post
In regards to anyone doing work for you, NEVER pay anybody up front any money at all. If the guy is cheap, guess what, there's a reason. Just how cheap is he if he takes yer money but doesn't do the work or never finishes? If the company isn't big enough to carry its own jobs, it's far too small or a bogus business. NEVER put any money down on any work at your home- same reason applies. Otherwise, it's payment on completion of the work. If a company can't handle that, you don't need them. If it's a LARGE remodel, you can work out a draw schedule with the guy and you can do it with the help of your bank. Expect to pay for a draw inspection though which is usually 50-75 bucks but it beats getting screwed out of thousands.
This is true for home repairs and that kind of thing, but not for all small businesses. I have a custom cake business and we take a deposit when the order is placed, and collect payment in full before the cake leaves our hands...otherwise you will spend all your time trying to collect from people who have overspent on their events. Everyone I know with a cake business does it this way.
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