el creditor
Junior Member
What is the name of your state (only U.S. law)? Texas.
I have recently learned about this court case that basically spells out that contractor fees under a construction contract are exempt from garnishment (Red Henry Painting Co. v. Bank of North Texas, 521 S.W.2d 339, 343 (Tex. Civ. App.—Corpus Christi 1975, no writ).
I want to collect from a contractor that "stole" my deposit by walking off the job before completing any more that 20% of the deposit I paid him. From what I've been researching, one case (Terry and Kathy Dahlke) states that contractors do not owe a Fudiciary Duty to a homeowner , while the case cited above basically states that contractor fees are held in trust for sub-contractors and workers comp.
If I go through the trouble and expense of levying the contractor's bank account, can he then claim his bank funds are exempt since he earns his living by collecting deposits for home-improvement projects? I am not just collecting my actual damages, but also triple damages for DPTA, punitive damages, and mental anguish. I have been representing myself - no lawyer.
I have recently learned about this court case that basically spells out that contractor fees under a construction contract are exempt from garnishment (Red Henry Painting Co. v. Bank of North Texas, 521 S.W.2d 339, 343 (Tex. Civ. App.—Corpus Christi 1975, no writ).
I want to collect from a contractor that "stole" my deposit by walking off the job before completing any more that 20% of the deposit I paid him. From what I've been researching, one case (Terry and Kathy Dahlke) states that contractors do not owe a Fudiciary Duty to a homeowner , while the case cited above basically states that contractor fees are held in trust for sub-contractors and workers comp.
If I go through the trouble and expense of levying the contractor's bank account, can he then claim his bank funds are exempt since he earns his living by collecting deposits for home-improvement projects? I am not just collecting my actual damages, but also triple damages for DPTA, punitive damages, and mental anguish. I have been representing myself - no lawyer.