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3. I was awarded the full amount plus all fees and interest.
4. I win and its up to me to collect less you want go further with a lawyer that will eat up everything that you've won.
5. Next garnishment of wages (he's out of business) !!
6. Next levy upon the debtor's bank account (he closes this) !!
7. Next record an abstract of judgment (he has nothing in his name) !!
8. Next suspend debtor's driver's license (this worked but he's probably driving without one) !!
9. I won but never collected a dime, I was young and trusted this guy !!
Filing with small claims court works "IF" the person shows up and its helpful if their in business and have assets because when all else falls, you can for a fee get in touch with your local sheriffs department and have them do what's called either a "till tap or a keeper", both mean that the sheriff will empty out their register of cash, checks and so-forth until the judgement has been satisfied !!!
To do the above you'll need what's called a "Writ of Execution " !!
3. I was awarded the full amount plus all fees and interest.
4. I win and its up to me to collect less you want go further with a lawyer that will eat up everything that you've won.
5. Next garnishment of wages (he's out of business) !!
6. Next levy upon the debtor's bank account (he closes this) !!
7. Next record an abstract of judgment (he has nothing in his name) !!
8. Next suspend debtor's driver's license (this worked but he's probably driving without one) !!
9. I won but never collected a dime, I was young and trusted this guy !!
Filing with small claims court works "IF" the person shows up and its helpful if their in business and have assets because when all else falls, you can for a fee get in touch with your local sheriffs department and have them do what's called either a "till tap or a keeper", both mean that the sheriff will empty out their register of cash, checks and so-forth until the judgement has been satisfied !!!
To do the above you'll need what's called a "Writ of Execution " !!
very helpful. thank you.
I actually intentionally avoided Small claims court for this reason....took him to civil/circuit court (don't remember which). he showed up for setting the trial by judge date. but didn't show to the trial. i was awarded the full amount.
after reading the procedures afterwards, i saw that like you said, I'm responsible for collecting.
He owns a business (contractor), so there is no register to take cash out of....also, he probably doesn't get a paycheck to garnish against, but he does have assets (cars/trucks/etc.)...but not a house i don't think.....I think the next step is to make him appear in court to provide his accounts/balances/assets.
My parents did, more than once. They've won every case. They got the work finished in the first case, were paid in the second case and got nothing in the third.
In the case my parents did get money, it was only because the contractor failed to renew his LLC/Corporation and as a result my parents could go after his personal assets. So, that may be something to look into.
My parents did, more than once. They've won every case. They got the work finished in the first case, were paid in the second case and got nothing in the third.
In the case my parents did get money, it was only because the contractor failed to renew his LLC/Corporation and as a result my parents could go after his personal assets. So, that may be something to look into.
Are they expecting problems the 4th time? Time to question if Mom and Dad are in the right.
Are they expecting problems the 4th time? Time to question if Mom and Dad are in the right.
They are not going to do it a 4th time. Every time they did this they built a custom home.
The first time, they knew the builder personally for several years before deciding to hire him. He tried to say he didn't have enough money to build the house multiple times and it took him over 2 years to finish the project, but he did finish eventually.
The second time they were re-building the house after a total loss house fire. They hired a less expensive builder and he just flaked out. This is the guy they sued, won, and got paid by.
The third time we moved to a new location and were building a third custom house. My parents hired a more expensive builder with an "excellent" reputation. He cut corners everywhere he possibly could. The thing is, most people wouldn't have noticed, but my dad is very savvy about building/construction so he called the builder out every time he cut corners (they had an extremely detailed contract). The third guy simply refused to finish things properly and when my parents sued him he filed for bankruptcy.
Edited to add: I doubt they would have won all three cases in court if they were in the wrong. Contractors are known to be sleazy for a reason.
My mother did in Staten Island, NY. She had a contractor do concrete work on the driveway, and it basically crumbeled in a matter of time. I don't know how else to describe it.
She went to small claims court, and she did win. Not sure how much, but she now has a brand new driveway-----------again....
My mother did in Staten Island, NY. She had a contractor do concrete work on the driveway, and it basically crumbeled in a matter of time. I don't know how else to describe it.
She went to small claims court, and she did win. Not sure how much, but she now has a brand new driveway-----------again....
Location: Central Atlantic Region, though consults worldwide
266 posts, read 450,103 times
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Quote:
Originally Posted by Thinking-man
If so, how much was the amount?
how did you get your money from the defendant?
From time to time people hire me to testify in a suite against contractors. I merely identify and explain technical nature behind the controversy. The one trap argued by contractors is "industry standard." Be careful with this for there is a difference between routine poor workmanship compared to manufacture recommendations within code compliance. A plaintiff must identify violations of mfg recos aor code violation. Identify these and the contractor will settle. A system might look like sh_t but may not be obligated otherwise. Unless to say its an aesthetic finish that is supposed to look, well, as a finished surface without issue. An example of the latter is chair molding with hammer marks showing through the paint.
In the case of the crumbling driveway, if I understand you correctly the macadam is deficient in component adhesion. That issue may not be the contractor, rather the asphalt manufacture, such as a bad blend for that mix. If not the mix then the subbase upon which the asphalt was placed. The base may not have been vibrated and therefore moving beneath. Ground movement may be sufficient as to exceed the flexural limits of the covering.
Whether the contractor or manufacturer suit should seek damages to cover remove and replace with new.
Lastly, how does one get money after winning a judgement. That's the crux of the matter. Assuming still in business, collection matters must be aggressively pursued. Otherwise, the judgement will terminate in a number of years. Also talk with your tax preparer for certain damages cannot be itemized UNLESS for deduction unless the legal process is consummated. A private residence may deduct the amount of a loss only unless there was a processed suite. In time, if an award is paid then any past tax-deducted may have to be claimed as income. Consult with your tax preparer.
Hope this helps.
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