Roofer did not complete job

[Yurgee]

What is the name of your state (only U.S. law)? NY

I have a friend that hired a roofer to strip and replace his roof. He paid the contractor 5k upfront for materials and labor (not my advice). The guy took about two to three weeks before he started. He then stripped the roof and left for the day. He did not tarp or paper the roof and it rained, which caused damage inside. It has been ove a month and no progress and he can't get the guy to complete the job, so he has others that are going to complete it.

He is going to bring the contractor to small claims court, but I have the feeling that the contractor does not have any money to pay the claim. What happens if he does not pay the claim?

Thanks

 

[cosine]

If your friend gets a judgment he can pursue collecting against the roofer's assets, bank accounts, etc. Some of those steps may need a lawyer to do them right, but that (and other) cost can usually be added on (if the lawyer really knows how to do it).

 

[Yurgee]

If nothing is available

This person does not have a lot (that is why I believe that some people hire him as to help him and the work is usually good). If there isn't enough available, could there be criminal charges?

A group of people are going to complete the job because it is causing issues because of rain.

 

[Hot Topic]

It's obvious by the questions asked and the concern expressed that you're the "friend."

 

[Yurgee]

idiot

You're an idiot. I am asking because this person needs to be accountable. My friend is a patron of mine and met the contractor in my place of business. We are mostly interested in having this person pay and understand that this isn't acceptable. I have many friends that are on that roof right now helping.

If you're going to post on this forum, at least insult the poster and then give advice.

You're a troll.

 

[HomeGuru]

You're an idiot. I am asking because this person needs to be accountable. My friend is a patron of mine and met the contractor in my place of business. We are mostly interested in having this person pay and understand that this isn't acceptable. I have many friends that are on that roof right now helping.

If you're going to post on this forum, at least insult the poster and then give advice.

You're a troll.

**A: I was going to give my advice but not after that post.

 

[BL]

What is the name of your state (only U.S. law)? NY

I have a friend that hired a roofer to strip and replace his roof. He paid the contractor 5k upfront for materials and labor (not my advice). The guy took about two to three weeks before he started. He then stripped the roof and left for the day. He did not tarp or paper the roof and it rained, which caused damage inside. It has been ove a month and no progress and he can't get the guy to complete the job, so he has others that are going to complete it.

He is going to bring the contractor to small claims court, but I have the feeling that the contractor does not have any money to pay the claim. What happens if he does not pay the claim?

Thanks

The the plaintiff would attempt to collect .

http://www.courts.state.ny.us/ithaca/city/webpageguidetosmallclaims.html[/U]]A Guide to Small Claims Court

 

[Zigner]

What happens if he does not pay the claim?

Thanks

Then you('re friend) won't get any money.

 

[cosine]

Getting a judgment in court opens up new means to collect what is owed to you. But it, by no means, guarantees you can collect. If the roofer files and gets bankruptcy you (and all other creditors) are out (less what the trustee is able to distribute, if anything). If you really feel you won't collect even with the legal means available after a judgment, it might not be worth going that far. I suggest researching what you can do in New York with a judgment, and what he has that you might be able to get, before proceeding.