advice

[tbh8644]

What is the name of your state? Hello. I recently entered into a contract to get a bathroom done while we were away on vacation. Needless to say the work wasn't done (even close to done) when we arrived home, there was a hole in our ceiling, and scratches on our hardwood floor. We were alarmed to say the least. I started to have a bad feeling so I looked into the contractor more and found out he was unlicensed and his contract has a bunch of per say violations on it. No completion date listed, no insurance information, no license number. We fired him and plan on bringing him to Small Claims Court in New Jersey. From an online post I learned he is no longer operating the company and now has a full-time job. I doubt that he will pay up (we already have had a demand letter sent by a lawyer that went unanswered). I would like to garnish his wages if a judgement is given in our favor but I was wondering how I could go about finding his employment info. Any suggestions or help would be appreciated. Thanks in advance.

 

[quincy]

What is the name of your state? Hello. I recently entered into a contract to get a bathroom done while we were away on vacation. Needless to say the work wasn't done (even close to done) when we arrived home, there was a hole in our ceiling, and scratches on our hardwood floor. We were alarmed to say the least. I started to have a bad feeling so I looked into the contractor more and found out he was unlicensed and his contract has a bunch of per say violations on it. No completion date listed, no insurance information, no license number. We fired him and plan on bringing him to Small Claims Court in New Jersey. From an online post I learned he is no longer operating the company and now has a full-time job. I doubt that he will pay up (we already have had a demand letter sent by a lawyer that went unanswered). I would like to garnish his wages if a judgement is given in our favor but I was wondering how I could go about finding his employment info. Any suggestions or help would be appreciated. Thanks in advance.

You should get the judgment first. There may be no need to garnish wages.

 

[tbh8644]

You should get the judgment first. There may be no need to garnish wages.

Thank you. I will plan on doing that. This is my first time ever going to Small Claims Court. I'm tossing the idea around of having a lawyer. I know it's been created to make it so you don't need one but I'm sure it would help. Thoughts?

 

[quincy]

Thank you. I will plan on doing that. This is my first time ever going to Small Claims Court. I'm tossing the idea around of having a lawyer. I know it's been created to make it so you don't need one but I'm sure it would help. Thoughts?

It never hurts to consult with an attorney. Small claims courts are designed for the average person who has no legal background, though, so you shouldn't need one.

 

[adjusterjack]

Thank you. I will plan on doing that. This is my first time ever going to Small Claims Court. I'm tossing the idea around of having a lawyer. I know it's been created to make it so you don't need one but I'm sure it would help. Thoughts?

Well, I'm thinking that paying a lawyer $300 per hour with a large retainer might not be cost effective if you are chasing a few thousand dollars from a fly-by-night contractor.

Consider that he may ignore the lawsuit just as he ignored your lawyer's letter and you'll end up with a judgment that may be uncollectible unless you can find out where he works. You might need to hire a private investigator to follow him around a bit to figure that out.

Unfortunately, the fly-by-nights of the world often just quit their jobs when the garnishment hits for the first time. Then you'll have to find him again and start all over with a garnishment at his next job. Jobs in the building trades are easy to get and easy to leave.

Whatever this debacle costs you, you might have to chalk it up to tuition for a life lesson from the school of hard knocks. ALWAYS check out the contractor before you hire him and NEVER let one work in your house or on your property when you aren't there.

 

[quincy]

Not all attorneys require large retainers and not all attorneys charge $300 an hour.

It is possible to buy an hour of an attorney's time for a relatively small amount of money or find a legal aid clinic where free or low-cost legal assistance is available.

Some small claims courts also have "free legal assistance" days where volunteer attorneys will answer questions for and offer help to pro se litigants.

 

[Litigator22]

Thank you. I will plan on doing that. This is my first time ever going to Small Claims Court. I'm tossing the idea around of having a lawyer. I know it's been created to make it so you don't need one but I'm sure it would help. Thoughts?

The procedures to enforce a judgment in New Jersey, including obtaining the writ of execution, orders for discovery, information subpoenas, etc., etc., are set forth in New Jersey Court Rule 6.7 (not surprisingly entitled) "Process to Enforce Judgment".

Now you may not require the services of an attorney to get you through the relatively simple business of obtaining your small claims court judgment where the procedures are somewhat loose and less rigid, but you won't find the same laxity in the rules needed to follow in enforcing the judgment. Example:

"6:7-1. Requests for Issuance of Writs of Execution; Contents of Writs of
Execution and Other Process for the Enforcement of Judgments; Notice to
Debtor; Claim for Exemption; Warrant of Removal; Enforcement of Consent
Judgments and Stipulations of Settlement in Tenancy Actions; Writs of Possession

(a) Requests for Issuance; Intention to Return. All requests for issuance of
writs of execution and other process for the enforcement of judgments shall be made in
writing to the clerk at the principal location of the court. A request for the issuance of a
writ of execution against goods and chattels shall be accompanied by a statement of the
amount due and shall be issued by the clerk in the form set forth in Appendix XI-H. A
request for the issuance of a wage execution shall be accompanied by a certification of
the amount due and shall be issued by the clerk in the form set forth in Appendix XI-J.
The statement or certification of the amount due shall include the amount of the
judgment, subsequent costs that have accrued, any credits for partial payments since
entry of the judgment, and a detailed explanation of the method by which interest
accrued subsequent to the judgment has been calculated, taking into account all partial
payments made by the judgment-debtor. The court officer shall give to the judgment creditor
or judgment-creditor's attorney at least 30 days' notice of an intention to return a
wage execution or an unexpired writ of execution, marked unsatisfied or partially
satisfied and may so return the writ unless further instructions are . . . ."

 

[quincy]

In other words, getting the judgment is the easy part.