What are my chances of winning in small claims? [Archive]

Alex Berkovsky

09-20-2007, 3:15 PM

A couple of years ago I had my basement finished by a contractor. The job included framing, insulating outside walls, sheetrocking, 5 new windows, etc. A couple of months ago I had to open an access panel in the wall in order to shut off the water to the house. As I stuck my hand in, I could feel the cold air and no insulation. I had also noticed during the winter that after the window calking had cracked, I could feel a draft, see daylight, and dirt blowing inside. I walked outside and saw that the windows were not insulated nor capped. I called the contractor and explained the problem. He swore to me that he did insulate all the outside walls. I extended an invitation to come over and have a look. He informed me that he is no longer in business. I asked him to either pay me what it would cost to fix the problems or send someone himself to correct the problem. He asked me for my phone number and said he'd send someone to take a look. Weeks passed... my call are ignored with my last message threatening to take him to court.
First court date, he didn't show up (his lawyer sent a letter saying that he was out of the country). Second court date he didn't show up again (lawyer sent a letter saying that he had a medical family emergency). The judge didn't like that and asked me to present my case. I had the cancelled checks, pictures, and two estimates to fix the problems. Long story short, a judgement was awarded in my favor for $3k.
Last week I got a letter from the court and his lawyer that he is appealing the judgement. In lawyer's letter to the court, it has a copy of the proposal and his argument is that the proposal does not mention the insulation. If he was to insulate the walls, the job would cost more money than he was paid. The letter also states that I was at home when he was doing the job (another lie since I worked full time) and why didn't I bring up the problem to him then. I took additional pictures of other walls with insulation showing (where other access panels are) to bring to court. Even though he will be under oath, he can still deny that insulation was part of the job even though he did insulate the other walls and swore on the phone that ALL the walls were insulated.
I am so damn ticked that there are people out there that you trust and they screw you over. BTW, this guy was a member of my congregation and that's why I could trust to leave him alone in my house. Lesson learned the hard way.

Darren Ford

09-20-2007, 3:48 PM

I wonder if there have been any other lawsuits against him.

Greg Peterson

09-20-2007, 3:56 PM

I'm surprised that he is able to appeal the small claims judgment, especially since he did not attend either hearing. I don't doubt that his lawyer was able to appeal under some procedural method, I just assumed a small claims appeal was final.

If I read your post correctly, the insulation was never documented. Is there any documentation other than the proposal? Is there a contract stating the work to be done?

If he insulated part of the project without your permission, sue him for installing the insulation he did install. It isn't on any of the documentation, therefore the insulation shouldn't be there.

More than one way to skin a rabbit.

Joe Pelonio

09-20-2007, 3:57 PM

So there's nothing in writing indicating the scope of the job, including the missing insulation?

I'm no lawyer but have heard stories from a good friend that's a superior court judge in CA.

It will probably come down to his word against yours. If you are found to be telling the truth (and he's not) on other issues, such as whether or not you were home, the judge is more likely to take your argument as accurate. Can you provide witnesses as to the dates he was working, and co-workers that will be willing to come to court and testify that you were at work all those days? Unfortunately sworn statements do not compete with actual testimony in court, if he should bring in former employees to day that you were home.

Good luck.

Alex Berkovsky

09-20-2007, 4:14 PM

...Can you provide witnesses as to the dates he was working, and co-workers that will be willing to come to court and testify that you were at work all those days? I don't think I can find anyone to go to court to testify that I was working that day and he can't either since he was working alone.

Joe Pelonio

09-20-2007, 4:26 PM

That's the problem, even if he was alone he might bring someone that testifies that he was there too and saw you there. Fake witnesses turn up all the time, it's illegal perjury but still done. Maybe you have at least a copy of some H.R./Payroll documents indicating that you worked those days?

If the new judge has the information that the contractor failed to show up in court on 2 occasions that could help you too, looks like he's avoiding it.

TYLER WOOD

09-20-2007, 4:40 PM

I like your thinking Greg!!!

Cliff Rohrabacher

09-20-2007, 6:04 PM

Absent anything in writing you may end up with the old he said she said and the judge may send you all home equally miserable.

Most states require that to challenge a default judgment they must have good cause. A bona fide medical emergency might be enough but you should demand proofs.
If they raise the statute of limitations ( limitation on actions period) you can aver "hidden defect."
It's a little late to amend your complaint but the court may choose to read it expansively And you can always insist that the legal theory of recovery of "hidden defect" is plain from your complaint so long as you were detailed about he facts and circumstances.

Next time hire a lawyer to draft the contract for the work. That way you won't be behind the 8-ball later on.

Mike Henderson

09-20-2007, 6:11 PM

The person bringing the case has the burden of proof. If you can't prove that he was supposed to insulate the walls, I'd call it a lesson learned and go on from there. The one thing lawyers love is someone who is unreasonable and wants to press on "to prove a point".

However, there are other things you can do. There's some web sites, such as Angie's List, where homeowners rate people who do various work on houses. You might try going there and leaving an honest account of the situation (make sure what you say is the truth - if you don't have paperwork, say that it's your memory of something).

While it won't help you, it might help someone else.

Mike

P.S. You also have the satisfaction that you made him pay for a lawyer to handle the case this far.

Steve Campbell

09-20-2007, 8:08 PM

You have gotten some great advice, and I'm sure not a lawyer, but just stop and think this through. You said he was out of business now. You may get a judgement, but if he has no money you will still be the loser.
I hope you can nail him. Just make sure you don't spend too much money trying to get it.

Good luck
Steve

Cliff Rohrabacher

09-20-2007, 8:16 PM

but if he has no money you will still be the loser.

Well intended but clearly mistaken.

In almost all states any judgment from an inferior court such as small claims can be docketed with the superior court and it instantly becomes a lien on the real property owned by the judgment debtor anywhere in the state.

One day you will get a call.

Alex Berkovsky

09-20-2007, 8:32 PM

...You said he was out of business now. You may get a judgement, but if he has no money you will still be the loser.
I hope you can nail him. Just make sure you don't spend too much money trying to get it.
Steve,
They can still go after his assets (bank account, car, etc). The only money I have spent is $20 to file, time, and gas money. If the judge reverses the original judgment, oh well... a hard lesson learned and I'll have to fix everything myself.

John Mihich

09-20-2007, 11:09 PM

I think the fact that he did insulate some but no all would be a point on your side. The judge should question that. If it's not on the specks then why did he insulate part but not all. I think the contractor would have a problem answering that.

glenn bradley

09-20-2007, 11:19 PM

John M makes a good point and as mentioned earlier in the thread if you can reasonably prove he is making false claims about some of the "facts" the judge will lean more your way on the 'he said / she said' thing. If no one wants to go to court to prove you were at work, a deposition will do. Just a simple written statement as to I was working with (you) doing such and such on (date in question). Signed and witnessed by a third disinterested party doesn't hurt either. Time records, appointments kept, recipts you may have signed, etc. can all prove you weren't there at least some of the time he states you were. Good luck. I hate to see flakes get away with this stuff while those of us trying to be decent end up their victims.

Mitchell Andrus

09-21-2007, 8:32 AM

The building code may dictate that insulation be installed and give your the presumption that a completely compliant finished product was expected.

jeremy levine

09-21-2007, 9:00 AM

The building code may dictate that insulation be installed and give your the presumption that a completely compliant finished product was expected.
This is NY and I am sure there is a code req. for insulating exterior walls.

Al Willits

09-21-2007, 9:09 AM

Jack Norfleet

09-21-2007, 9:42 AM

He obviously has some money if he has a lawyer representing him is small claims court.

Randy Denby

09-21-2007, 9:46 AM

"""""""""
Steve,
They can still go after his assets (bank account, car, etc). The only money I have spent is $20 to file, time, and gas money. If the judge reverses the original judgment, oh well... a hard lesson learned and I'll have to fix everything myself.
""""""""""

I think you just answered your own question, you have little in money invested and if your time isn't a problem, I'd go after him, worst case is its a lesson learned, best is you win and hopefully get some restitution.

Learned long time ago, because someone goes to church, doesn't mean that they're all that holy.

Al

I too learned this lesson the hard way... a member of my congregation was getting into remodeling. I helped him out by selling him HVAC equipment at 10% above my cost. He would install the equipment and then pay me to come start it up. We did 3 systems together.....about 4500.00 my cost for the equipment, and he would have paid me 5000.00 or so plus my hourly rate to "start up" the units. He got paid from the business owner......I never did. But, he did send me a hot check for 2100.00 (for one of the 3 units) And I had him put in jail . So I did get the 2100.00 but ultimately lost 2400 plus my time starting up these systems . Never did get the rest of my money, and he died a year later

Brian Weick

09-21-2007, 10:42 AM

Alex,
If you have this in writing - I don't see a problem; However, if this is a verbal contract- that may not bode so well for you in fighting this case. If this (slime ball) says he closed his business,- find out. find out out if he even had a legitimate business and not just a calling card. Did he have insurance-? there are fines he will have to pay if he didn't file for a permit and that process involves verification of insurance - in most states. If he closed his business- so what, does ho own property- liens will be filled against his property in order for you to receive your money. He will not like that! this sometimes can entice him to be a little bit more cooperative.
The problem is - if you didn't have a contract- that may be a problem- as others have said here - it's a he said- she said issue. I own my own business and do not do anything until I clearly list out what is being done. Products being used, where it is being installed,how it will be installed-etc,etc, what ever is involved for the project i have been requested to complete. this protects me - first of all, people will try and say well you said you would do this, or that- NO - I have never had that problem- I think that is an insult. It also protects the one requesting the work - there is a clear understanding in black and white of what is to be done - signed and dated by me and the individual/corporation hiring me. He/she gets a copy - I have 3 copies.
I hope you get that scum ball - and make him pay ,not just for the work he scammed out on - there may be other damages that are applicable as well ~ talk with your lawyer about this. I hope all works out to your benefit Alex.
Sincerely,
Brian

Brian Weick

09-21-2007, 10:53 AM

This is NY and I am sure there is a code Re. for insulating exterior walls.

Hey Jeremy- Where's the snow? hmmmmmmm Buffalo!
How you doing?
Jeremy,
All he has to say is I was just hired for the framing - that does not bind him to have the insulation installed as well- there could have been a separate contractor that would have come in behind him to do the insulation, or the homeowner was going ot do it - that will not stand up in court! Even if he was supposed to install insulation by code (verbal contract) the state will get there money from fines and penalties but were does that leave the homeowner- out in the cold.
Brian:)

Alex Berkovsky

09-21-2007, 10:55 AM

This is NY and I am sure there is a code req. for insulating exterior walls.Jeremy,
Any idea if I can find this code online or is it just better to get in touch with the local buildings dept.? Thanks to all for your thoughts and suggestions.

[edit]
Hmmm... I wonder if there is a way to find out if he was operating a licensed business? According to this site (http://www.nassaucountyny.gov/agencies/oca/NewsRelease/2004/03012004.html) (last line), it's a misdemeanor to operate a home improvement business w/o a license.

Brian Weick

09-21-2007, 11:08 AM

Jeremy,
Any idea if I can find this code online or is it just better to get in touch with the local buildings dept.? Thanks to all for your thoughts and suggestions.

[edit]
Hmmm... I wonder if there is a way to find out if he was operating a licensed business? According to this site (http://www.nassaucountyny.gov/agencies/oca/NewsRelease/2004/03012004.html) (last line), it's a misdemeanor to operate a home improvement business w/o a license.

Alex,
do you have a signed/dated contract detailing what he was going to do?
Brian

Alex Berkovsky

09-21-2007, 11:24 AM

Alex,
do you have a signed/dated contract detailing what he was going to do?
BrianYes, but it does not go into details and doesn't specify insulation. I guess the only thing I have to go to court with are pictures showing that other walls were insulated and my sworn testimony that he said in our phone conversation that he insulated all the walls as agreed before the work started.
I know he has a good chance of winning this appeal, but I hope the judge/arbitrator sees this guy for a crook that he is.

Rick Christopherson

09-21-2007, 12:09 PM

It doesn't matter what agreement you may or may not have, or whether insulation was mentioned or not mentioned. Your local building code does require insulation of exterior walls, and he is not permitted to construct the walls without it. Even if the walls were previously framed before code required specific grades of insulation, he could not install new sheetrock without insulation.

Call your state building inspector and ask him/her for the code reference, and bring this with you to court. You may even be able to request an inspection by the building inspector, especially if a permit had been pulled at the time of the work. Even if a permit had not been pulled, you should still be able to request an inspection for a fee comparable to pulling a permit. Given that it is in the building code, a judge cannot overturn the judgment even if a contract existed that specifically excluded insulation. A contractor cannot perform work that he knows is not within code.
========================
Now with that aside, the one thing that troubles me is that you apparently only inspected areas where there were access panels, and the only area where there was no insulation was around the water shutoff. This doesn't automatically mean that there is no insulation in the rest of the walls. If it is a case where the only missing insulation is around the access panels, then correcting the problem is about $20.

It could easily be argued that these areas were not insulated because they were access points. You need to check other areas as well. Remove the electrical outlet and switch covers and check the space between the drywall cutout and the outlet box to see if there is insulation present.

Alex Berkovsky

09-21-2007, 4:01 PM

...Call your state building inspector and ask him/her for the code reference, and bring this with you to court.I just called and was told that it's required, but not in basements.

Now with that aside, the one thing that troubles me is that you apparently only inspected areas where there were access panels, and the only area where there was no insulation was around the water shutoff.I stuck a camera in the access panel and it clearly shows that the wall is bare.

I have to clarify one statement... I said that no where in the contract the insulation is mentioned. I personally, could not find my copy of the contract. When his lawyer mailed to me a copy of a certified letter for ORDER TO SHOW CAUSE, he included a contract copy (faxed to him by the contractor). In the letter it states that the insulation was not included in the contract. I just looked at that copy again and noticed something peculiar. Look at line #6 which carries over... I says in broken English "All walls sheetrocked", then what looks like something erased, and on the next line, "on extirro wall". I bet he erased something that said "All walls sheetrocked and insulated on exterior walls".

The lawyer also says that I paid him $5,000 for the job; my canceled checks say $8,300. So what do you folks think now?
http://i73.photobucket.com/albums/i232/jarhead8286/Miscellaneous/th_Court.jpg (http://i73.photobucket.com/albums/i232/jarhead8286/Miscellaneous/Court.jpg)

http://i73.photobucket.com/albums/i232/jarhead8286/Miscellaneous/th_WorkOrder.jpg (http://i73.photobucket.com/albums/i232/jarhead8286/Miscellaneous/WorkOrder.jpg)

Jim Becker

09-21-2007, 4:24 PM

The word insulation does indeed appear to be on that line...although it's, um...faded...

And canceled checks are pretty good evidence of payment...and hopefully they clearly indicate they are for the same job...

Tim Morton

09-21-2007, 6:37 PM

I just called and was told that it's required, but not in basements.

I stuck a camera in the access panel and it clearly shows that the wall is bare.

I have to clarify one statement... I said that no where in the contract the insulation is mentioned. I personally, could not find my copy of the contract. When his lawyer mailed to me a copy of a certified letter for ORDER TO SHOW CAUSE, he included a contract copy (faxed to him by the contractor). In the letter it states that the insulation was not included in the contract. I just looked at that copy again and noticed something peculiar. Look at line #6 which carries over... I says in broken English "All walls sheetrocked", then what looks like something erased, and on the next line, "on extirro wall". I bet he erased something that said "All walls sheetrocked and insulated on exterior walls".

The lawyer also says that I paid him $5,000 for the job; my canceled checks say $8,300. So what do you folks think now?
http://i73.photobucket.com/albums/i232/jarhead8286/Miscellaneous/th_Court.jpg (http://i73.photobucket.com/albums/i232/jarhead8286/Miscellaneous/Court.jpg)

http://i73.photobucket.com/albums/i232/jarhead8286/Miscellaneous/th_WorkOrder.jpg (http://i73.photobucket.com/albums/i232/jarhead8286/Miscellaneous/WorkOrder.jpg)

I agree with Jim...the word insulation is very easy to see and that sentence flows well with "on exterior walls" but the date of 2002 may work against you. Good Luck!!!

Brian Weick

09-22-2007, 9:05 AM

Like he tried to erase the word insulation and scratch it off- the sentence itself makes no sense without it- The walls ,,,, and nothing? This guy is a crook! - "Nail him to the wall" Alex! :mad: You have better than a good shot at this case in my opinion.
Brian

Alex Berkovsky

09-27-2007, 7:40 AM

I am finding out for myself why people hate the court system. The letter from the court asked me to appear for order to show cause hearing last night. The lawyer is asking the court to set aside the judgement in favor of the plaintiff and to dismiss the complaint. I appeared, but neither the defendant nor his lawyer showed up. :mad: I was fuming; third time in a row I am showing up and the defendant is not.
When I got home and settled down a little, I read the lawyers copy of order to show cause to the court. This copy is asking to appear on 10/10/07 for hearing. So now, I have a letter from the court to appear on 9/26/07 and a copy of the certified letter sent by the lawyer to the court to appear on 10/10/07. :confused: I guess I should try to call the court to see if they can straighten this out (not holding my breath).

Dave Sinkus

09-27-2007, 8:36 AM

I think the paperwork and the cancelled checks, the no-shows for the court dates, are working in your favor.

At this point, you might do well to get your own lawyer and ask the court for reimbursement of your legal fees when you win !

Since he filed the appeal, are you the petitioner still or are you now the respondent?

Best of luck I'm pulling for you.

P.S. I learned all of this legal stuff with LOML's ex and child custody.

Samuel Mill

09-30-2007, 6:33 PM

Alex:

I wish you success in nailing this thief. I have to tell you, however, that my success in collecting small claims judgements after winning (NJ, not NY, and not recent) is not very good. Like most complainants, I went to small claims representing myself. When the respondant(s) refused to pay, there was no one in the court system telling me that I could place liens, etc., in fact, the court and sherriff's officers were clearly acting more in the interest of the respondant! When my wife and I were very young and poor, we needed to hole up in a room in a local fleabag motel for the winter. We paid a one month rent security deposit of $100. All of the windows in the apartment suffered both leaks from the outside and serious condensation problems. The amount of mold and mildew was amazing. We tried for two weeks to use towels to soak up the water at the sills, but it vain. In short, the room was uninhabitable. We gave up and moved out. When we showed up at the office to reclaim our security, there was a brand new sign on the wall, stating "SECURITY DEPOSITS NOT REFUNDABLE". We ended up taking the schmuck to small claims, and were awarded treble damages - $300. We thought that was a victory. However, the jerk refused to pay, and local sherriff's department that was responsible to collect failed to do their job. The officer assigned to the case came to me, pleading poverty on the part of the motel owner, and relaying an offer to pay at 50 cents per week!!! Several rounds of messenger tag later, the offer was $2.50 per week, and the damned officer told me that I had better take it, because it was the best offer I was going to get. So, it took us two years to recover damages of $300, and 40 weeks to recover our security deposit of $100, when that last figure was more than our combined weekly income. I had a similar experience a couple of years later when the landlord who purchased the apartment building in the middle of our lease tried tell us that we needed to get our deposit back from the original owner. Had a lot of trouble collecting the damage judgement from him, too, with no help to be had from our "public servents". Both incidents were long ago; hopefully things have changed for the better, but as this involves the courts and government, I wouldn't count on it.

-Sam

Mark Rios

09-30-2007, 7:30 PM

Another cat skinning idea.........

You mentioned that this guy wsa a member of your congregation....Take the issue up with your Pastor/Elder/Priest. Tell him that you have a dispute with your brother and that you would like help in resolving it. Maybe you can guilt him into paying you. :D If not, just happen to mention it to the rest of the congregation in passing conversation. Something like....

"How's it going Dave?" (You say) "Oh, not so well. You know so-and-so over there? Well, he is flaking out on a debt that he owes me and he is seriously damaging my Christian spirit. He is definately not acting very Christian-like."

Or something like that.........

:D :D :D

Alex Berkovsky

10-14-2007, 7:08 PM

Another cat skinning idea.........

You mentioned that this guy was a member of your congregation....Take the issue up with your Pastor/Elder/Priest. Tell him that you have a dispute with your brother and that you would like help in resolving it. Maybe you can guilt him into paying you.Mark,
Since then, he has moved and is a member of another temple. I he was still a member of our synagogue, he would probably be too ashamed to show his face.

I had a court appearance on 10/10 and the judge sent me, the defendant and his lawyer in front of an arbitrator. The arbitrator gave me an option to file an Affidavit of Opposition to his Order to Show Cause and have someone other than myself deliver it to his lawyer. The lawyer told the arbitrator that he was going to counter sue me for his fees. The arbitrator laughed in his face and told him that he cannot do that; the defendant is responsible was his fees since he hired him. The next appearance is set for 11/14.

Brad Sperr

10-17-2007, 11:49 AM

Alex Berkovsky

10-17-2007, 2:21 PM

What an ordeal, but it sounds like you're on top of things. If it's any consolation, from reading his attorney's pleadings, it doesn't sound like he knows squat. This is not advice by any means, but you may want to consider consulting with an attorney yourself and see if you can amend your pleadings to request fees. Did the arbitrator reach any conclusion, or did he just refer you back to the judge? Good luck! :)
Brad,
Thanks for the advise, but I just want to get this over with. The arbitrator did not reach any conclusions; he told me that I have an option to submit an opposition to his Order to Show Cause.

I will be mailing out an Affidavit in Opposition and hope that on 11/14 the judge sees what a crook this guy is.

Jake Helmboldt

10-17-2007, 10:15 PM

Alex, I feel for you; I'm in the middle of something similar, only the amounts are much higher. It sounds like the code issue is a no-go; that is something working in our favor as we finally got some movement by determing there was a code violation, so now the county is taking legal action too. You might want to look a little deeper into whether there were any code violations.

Due to the amount a lawyer probably isn't worth the money, but you could go in for a consult and see if under NY law you can claim legal fees (here in VA we couldn't unless we could prove fraud) and determine if it makes sense (by increasing the size of the judgement). Still unlikely due to it being a small job.

As for the contract, man, look around to see if you can find your copy, that could be the nail in the coffin. But if not I suggest making darker photocopies of the one that appears to have the erased "insulation" to see if it shows up more, and I would also ask for the original to be presented to the court since it is obvious that the writing was altered.

Lastly, see if there is a fund for judgements that are not paid. Here in VA if you win a judgement and the contractor doesn't pay there is a state fund (paid into by licensed contractors) that pays judgements. The person's license is then suspended until he/she repays the state, meaning no work. I would also look into what he is doing for income now; if he claims to be out of business and is no longer licensed and you can show that he is doing work that is another blow to him.

Good luck, it sucks to be in such a position. Hopefully we'll both get some kind of compensation.

Jake

Alex Berkovsky

05-19-2008, 1:29 PM

Bringing this thread back to life to update it with a final outcome. On November of last year I submitted an Affidavit in Opposition to defendant's Order To Show Cause and was heard by a judge. In their Order To Show Cause, it was said that insulation was not part of the job (remember they crossed out the word "insulation" and dollar amounts in the contract) and during the judge's questioning, the defendant said that he insulated all the walls. It didn't take the judge long to figure out that this guy is a liar and order for the defendant to pay up.
Well, that was not the end of it... the defendan't lawyer submitted a motion to renew/reargue the case stating that there was a miscommunication between him and his client. :eek: I can't believe that another judge vacated the judgement and allowed them to reargue the case. The trial was scheduled in March and when we were in front of the arbitrator, the lawyer said that their "witness" was not able to make the date and the arbitrator allowed to reschedule the trial date to 5/14.
This time the lawyer said that the burden of proof was on me and that I can't provide the contract. I guess it was dumb of the defendant to provide a copy in which he crossed out the wording and dollar amounts. During the questioning of the defendant, the judge asked if he was licensed and to provide his license number. The defendant said that he is licensed but does not remember the number (lied again - I had called the consumer afairs and was told that there is no record of his company). Then the judge started questioning him about all the crossed out dollar amounts and words. There were still visible numbers and they did not add up to the $5K that he claimed the job cost. The bottom line is... I received the judgement in 2 days and the crook has to pay me $3,100 plus interest. :D

Jim Becker

05-19-2008, 1:49 PM

Congrats on the win, Alex...hopefully the dude will actually pay up, however...

Alex Berkovsky

05-19-2008, 2:36 PM

Congrats on the win, Alex...hopefully the dude will actually pay up, however...
If he does not pay up within 30 days, I will send him a letter and threaten to take him to court again for performing work w/o a license. The judge said that he had no right to collect a single penny from me if he wasn't licensed at the time.

Cliff Rohrabacher

05-19-2008, 3:32 PM

4$-gees is enough to attract a collections attorney.

Go here:
http://tinyurl.com/55pws9
Input the local of the state & country where this guy lives - you want to go after him personally & it'll be easier for the lawyer if he doesn't have to drive - and get yourself a member of the CLLA to do the grunt work of collecting. Offer 20%, you pay all court and sheriff's fees.

Collections is a tad technical.
Ya gotta find bank accounts move the court to frieze and authorize seizure and distribution, more motions to garnish garnish income and tax refund checks, more yet still to seize and auction off personal property.

Chris Padilla

05-19-2008, 4:31 PM

Boy, it's not easy or cheap to be right....

Barry Reade

05-19-2008, 5:40 PM

If he does not pay up within 30 days, I will send him a letter and threaten to take him to court again for performing work w/o a license. The judge said that he had no right to collect a single penny from me if he wasn't licensed at the time.
I have just finished reading the whole thread and am glad you won the case Alex. You need to file suit against the guy ASAP on performing the work without a license. That can be a bargining chip it getting your money from the first law suit. As for being in your congregation. I have fround that is one of the last places I look to hire someone. People play the God card and then do the devils work. Had a similar experience but won't bore you with the details.