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To sue a builder who likely can't pay?

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tpe102

Junior Member
What is the name of your state? OH

I hired a private individual to build a fence on the recommendation of a guy who was recommended by my real estate agent (confused?). He built the fence and was paid $5000 by the ReLo company that I bought the house from; the $5000 was written into the contract for the house.

To make a long story short, over half the fence is lying on the ground. This is the second time this has happened. The builder promises to fix it, but last time he just propped it up and tied a cable around it. I had a company come and look at it and they said every post needs to be pulled up and buried deeper (about 1.5-2 ft deeper!). The repair will likely cost another $5000.

I know the guy who built this fence won't have $5000 handy, how will the court make him pay me if I sue him? Is it worth it? Should I just sue for $3000 in small claims court and absorb the rest?
 


45Frank

Member
Did you get Insurance papers from the contractors. If so call the liability company and tell them you want to put a claim in for a hazardous condition. If the fence is blowing in the wind and may demage other persons or property they will have to rectify. If the fence is there to keep animals out that will demage livestock or property they will repair.
Had a friend go thru a contractors liability insurance for a problem and they paid.
 

tpe102

Junior Member
That won't work

I did not hire a licensed, insured company - I hired an individual. I would have to go after him, not an insurance company.

I am pretty certain that he won't have the money ($2500) to pay me, will a small claims court be able to make him pay?
 

divgradcurl

Senior Member
I did not hire a licensed, insured company - I hired an individual. I would have to go after him, not an insurance company.

I am pretty certain that he won't have the money ($2500) to pay me, will a small claims court be able to make him pay?
If he doesn't have the money, he doesn't have the money!

If you go to small claims and get a judgment, you still won't get paid if he doesn't have the money. But with a judgment in hand, you can wait until he DOES have money, or assets, or at least a regular job (to potentially attach his wages) -- so you stand a chance of at least getting something someday.
 

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