Another question for the attorneys

[ERCougar]

The guy that was supposed to do our blinds has apparently gambled away our $2800 down payment. He kept giving us various excuses for the past two months and for the last month has been screening our calls. We finally got a hold of his wife, who is now furious at him, as he has been lying to her and has been through this before in California. Long story short, she's now filing for divorce and that she's sick of being married to a "sick gambling liar". In the course of our conversations, we found out that there are other people who have paid him and not gotten any work done, so I'm nervous that we're not going to see our money again. In building our house, we've lost about 10K (not including this) to crooked and/or stupid people. I've let all of it go to this point, thinking that it's just not worth chasing down for a variety of reasons, but I'm now up to my final straw--I want my money back. Any advice on where to go next? I'm nervous that if I don't act quickly, the others will be ahead of me in line for their money (I have no idea how they resolve these kinds of things), and I've seriously had it with giving away money. I have an attorney I could talk to, but he's much more expensive than y'all are. Is this a small claims issue that I could pursue without an attorney? Would an attorney help?

[Donuthole]

It is a prime case for small claims. However--and you probably don't want to hear this, because it sounds like you've heard it before-- a judgment is not $2,800. It is a piece of paper that says you are owed $2,800. Turning the paper into money is where it gets difficult, expecially from a guy who, from the sound of it, has probably already gambled away his savings. Wage garnishment is a possibilty, but poses more challenges when the garnishee is self-employed.

I have no doubt that you are more than capable of navigating your way through small claims court. A quick internet search would reveal all the steps you need to take to file and serve a complaint and procure a judgment at "trial." The collection part is where it gets tricky.

[smokymountainrain]

expecially

Wow. Your such a idiot.

[Donuthole]

Wow. Your such a idiot.

You espect to much from me.

[ERCougar]

It is a prime case for small claims. However--and you probably don't want to hear this, because it sounds like you've heard it before-- a judgment is not $2,800. It is a piece of paper that says you are owed $2,800. Turning the paper into money is where it gets difficult, expecially from a guy who, from the sound of it, has probably already gambled away his savings. Wage garnishment is a possibilty, but poses more challenges when the garnishee is self-employed.

I have no doubt that you are more than capable of navigating your way through small claims court. A quick internet search would reveal all the steps you need to take to file and serve a complaint and procure a judgment at "trial." The collection part is where it gets tricky.

So would an attorney help in the collection process?

Also, is the process time-sensitive? I'm headed out of town this afternoon and I'm nervous that everything's going to hit the fan this weekend. Does it matter if my claim is in first?

[Donuthole]

So would an attorney help in the collection process?

An attorney who is familiar with the collections process should know the best way to go about collecting in your state, as each state has differing statutory guidelines on wage garnishment, bank account levies, etc. However, ultimately it comes down to whether or not the guy has the resources to repay.

Whatever you decide, it wouldn't be a bad idea to act quickly, before the divorce cuts into whatever funds might be available.

[ERCougar]

An attorney who is familiar with the collections process should know the best way to go about collecting in your state, as each state has differing statutory guidelines on wage garnishment, bank account levies, etc. However, ultimately it comes down to whether or not the guy has the resources to repay.

Whatever you decide, it wouldn't be a bad idea to act quickly, before the divorce cuts into whatever funds might be available.

The guy owns a restaurant in town, but I figure that will only make it easier for him to hide income and assets. I'll probably file the small claim on my own and then talk to my attorney about collecting.

Thanks for your help.

[Donuthole]

Also, is the process time-sensitive? I'm headed out of town this afternoon and I'm nervous that everything's going to hit the fan this weekend. Does it matter if my claim is in first?

The weekend shouldn't make any difference as far as the priority of your judgment is concerned, as most creditors are going to be pursuing general unsecured debts, just like you. Nevertheless, the sooner you file and the sooner you serve process, the sooner your case can go to trial.

As I said previously, I think the bigger concern is what he or his wife might do with any money they do have.

[Donuthole]

The guy owns a restaurant in town, but I figure that will only make it easier for him to hide income and assets. I'll probably file the small claim on my own and then talk to my attorney about collecting.

Thanks for your help.

Best of luck.

[il Padrino Ute]

The guy owns a restaurant in town, but I figure that will only make it easier for him to hide income and assets. I'll probably file the small claim on my own and then talk to my attorney about collecting.

Thanks for your help.

If he owns a restaurant, you can collect a judgment with the help of a constable. It's called a till tap.

[UtahDan]

Talk to someone local there ER. I would think that it would still be cost effective to chase that much money if my guess is right about what prevailing billing rates are in southern Utah.

The other thing to look into is the board of contractors or whatever equivalent entity there is in Utah. If he has a contractors license and has committed fraud (not just poorly performed his contract), which is sounds like he has, in a lot of states there is a recovery fund. I know this would be true where I am. Particularly if he is insolvent, filing a complaint with his licensing entity might give you the best bang for your buck.

[Commando]

I would just stalk him down and hand him the beating of a lifetime. There's a chance you won't see a dime and it will be much more satisfying than winning in small claims.

(or you could just take him to small claims and get a bench warrant/wage garnishing order)