How do I handle this?

What is the name of your state? South Carolina

We hired movers who punched a hole in the side of our hot tub on 02/14/08. The worker stated to my husband " don't worry, we are insured". 3 days later on 02/17/08, I called the owner of the moving co ( small in town family owned) and told him what happenned. He sent me a claim form which I sent back RRR. He then sent a letter requesting proof of the damage a few days later. I hired a contractor who looked at the damage and sent a letter RRR which this man received. That happenned 04/14/08. When I didnt hear anything, I made a complaint to the BBB. They got an e-mail from this man stating everything was handled and in the mail ( I have a copy of the e-mail). This was sent 05/23/08. Nothing has arrived in the mail in 8 days now and it is obvious that nothing will. I am fining in small claims court on Monday.

here is my question: Since this is a business, do I have any way to force collection from this gentleman's company? We do not know if he is insured at this point. Dont all companies like that have to have insurance? BTW, we were only asking for 400.00. Now, I will have to sue for the 400.00, court costs, the contractor's fee and time lost from work. I dont get why this man is stalling and not paying.

You won't get time off from work.

Sue the company. He pays you (if found guilty), then goes to his insurance company to file a claim.

Contacting the BBB is a waste of time. They can't force him to do anything.

Thanks for responding. I was told that if you sue an individual and win, collection cannot be forced!!!!!!! That is why I was wondering if I should sue the company instead that he owns. Will he have to pay if the judgement is against a company and not an individual?

anyone? any ideas?

I infer that the “worker” and the “owner” are not the same person (?) or there would be no question, but you must be sure to designate your defendants correctly. If not, you could end up with a judgment that is worthless with respect to all.
https://forum.freeadvice.com/showthread.php?t=378761

At the very least, name the company. If it were me, and without knowing any more than we do of the circumstances, I’d name them both – employer and worker – rather than risk naming the wrong one. You may disdain Google but, if you’re not familiar with the theory, check respondeat superior anyway.

One reason that you may have been told that recovery against an individual can be difficult is that you live in one of the four states that prohibits wage garnishment. That is normally a significant tool for individual judgment enforcement.

The name of the compnay is HD Austom moving. The name of the owner is HD Auston. The movers were low payed guys who worked for this man. I dont know their names. I guess I should sue, HD Auston Movers et al HD Auston?

Take a look at that URL provided.

It could be HD Auston Movers, Inc. (a corporation) or HD Auston d/b/a HD Auston Movers (a sole proprietorship).

If it’s a corporation, its registered agent will be public information, and that it will probably be listed on the website of your Secretary of State.

If it’s a sole proprietorship, you’ll have to check that by determining where fictitious business names are registered/recorded – possibly court County Recorder or Courthouse.

If it’s a sole proprietorship, I’d find out what “HD” stands for. If HD Auston is also Harry Dean Auston, his bank account and real property could easily be held as the latter. Then, you may not be able to reach them without getting a judgment amended.

If it’s a corporation, you may be able to get judgment against the company but less likely that you’ll get a personal judgment against HD as well.

That’s the reason that I created that post and the reason that SC judgments go uncollected.

Good luck.

I just wanted to update: We contact the commission in Columbia SC where these companies get their licenses and where they are regulated. They went and audited these people, fined them (250.00 per incident)and warned them that I was going to sue them. They sent us a check for 354.00, I was asking for 400.00 for the hot tub, I didnt even go into the damaged furniture. Anyway, it is over and I didnt have to sue and they had to pay out more than expected since they they ended up getting fined.