What is the name of your state? South Carolina
While I was in Europe a contractor started a carpet replacement job for my wife. Long story short he ruined all the carpet and abandoned the job before it was finished but not before he went to my wife’s work and conned her into a cash payment before she saw what he dad done. BIG mistake, now we are out $4200 materials and labor.
In an effort to stave off legal action as long as possible he has signed several documents. One was an agreement to pay a third party to re-install the carpet. When the third party installed the carpet, low and behold he didn't have the money to pay them. Of course I paid them.
Then he agreed to sign a promissory note and pay me $500 per month but he could not make the first payment until December 1st (this was early November). As expected, he never showed up to make a payment. I am not going to call him simply because I don’t need to hear anymore lies.
He is operating his business under the radar. He has no checking account, he has no vehicles or real estate in his name. He has no business license but has the name of his business professionally painted on the side of the truck.
For the promissory note I got the longest one I could find on the internet and buried a clause on the third page that he was putting up all of his vehicles, tools and personal effects as collateral for the note. He signed it without reading it, I even had him initial each page.
I am preparing to send him a registered letter to notify him he is in default.
My questions:
Since his truck and trailer have the name of his business on them can I have a collection agent seize them even though I don't have an official lien on them and they are not in his name? (I had him sign the note personally and as a representative of his business)
He has no clue that he even put up any collateral. Other than notifying him that he is in default and that I am turning the matter over to a collection agency, do I have any other obligation to him other than filing at the courthouse?
For someone operating a business without a license and a contractor without a contractors license, is there any recourse with the licensing officials?
Any advice would be appreciated.
Not that it is relevant. My goal has shifted from getting my money back to putting this crook out of business. I have since discovered other people he has similarly ripped off. Regardless of the outcome of the promissory note, after mid April I am notifying the IRS about his business and supplying them with copies of receipts where we, and other people, paid him cash and checks.
While I was in Europe a contractor started a carpet replacement job for my wife. Long story short he ruined all the carpet and abandoned the job before it was finished but not before he went to my wife’s work and conned her into a cash payment before she saw what he dad done. BIG mistake, now we are out $4200 materials and labor.
In an effort to stave off legal action as long as possible he has signed several documents. One was an agreement to pay a third party to re-install the carpet. When the third party installed the carpet, low and behold he didn't have the money to pay them. Of course I paid them.
Then he agreed to sign a promissory note and pay me $500 per month but he could not make the first payment until December 1st (this was early November). As expected, he never showed up to make a payment. I am not going to call him simply because I don’t need to hear anymore lies.
He is operating his business under the radar. He has no checking account, he has no vehicles or real estate in his name. He has no business license but has the name of his business professionally painted on the side of the truck.
For the promissory note I got the longest one I could find on the internet and buried a clause on the third page that he was putting up all of his vehicles, tools and personal effects as collateral for the note. He signed it without reading it, I even had him initial each page.
I am preparing to send him a registered letter to notify him he is in default.
My questions:
Since his truck and trailer have the name of his business on them can I have a collection agent seize them even though I don't have an official lien on them and they are not in his name? (I had him sign the note personally and as a representative of his business)
He has no clue that he even put up any collateral. Other than notifying him that he is in default and that I am turning the matter over to a collection agency, do I have any other obligation to him other than filing at the courthouse?
For someone operating a business without a license and a contractor without a contractors license, is there any recourse with the licensing officials?
Any advice would be appreciated.
Not that it is relevant. My goal has shifted from getting my money back to putting this crook out of business. I have since discovered other people he has similarly ripped off. Regardless of the outcome of the promissory note, after mid April I am notifying the IRS about his business and supplying them with copies of receipts where we, and other people, paid him cash and checks.