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Failure to perform contract work

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md4377

Guest
What is the name of your state? WI

I have contracted with a landscape company for work to be done at my home. We paid $2100 down at contract signing on 9/2/2003 for work to begin the next day. The work still has not begun. Because of work delays the company said they would refund my money in full. That was 3 weeks ago and 2 "the check is in the mail" ago. After checking further, this person has at least 55 civil judgments against him since 1993. My guess is I am never going to see the money. Does it pay to file a claim in small claims court to at least have an unsecured claim? Even if I do win a judgement, is there any way to secure a claim or force payment (ie. against the home he owns). From what I see, he is still on parole for several felony counts in the late 1990's. He claimed bankruptcy in 2001, so I don't think he can get out of his money troubles that way, for a while. Thanks very much for any help you can provide. Also, any suggestions on how I can prevent this person from doing this to anyone else.

PS. Yes I know I should have done a backgroung check before paying him, even if he did a great job for my neighbor (my wife has already pointed that out several hundred times!)
 


HomeGuru

Senior Member
md4377 said:
What is the name of your state? WI

I have contracted with a landscape company for work to be done at my home. We paid $2100 down at contract signing on 9/2/2003 for work to begin the next day. The work still has not begun. Because of work delays the company said they would refund my money in full. That was 3 weeks ago and 2 "the check is in the mail" ago. After checking further, this person has at least 55 civil judgments against him since 1993. My guess is I am never going to see the money. Does it pay to file a claim in small claims court to at least have an unsecured claim? Even if I do win a judgement, is there any way to secure a claim or force payment (ie. against the home he owns). From what I see, he is still on parole for several felony counts in the late 1990's. He claimed bankruptcy in 2001, so I don't think he can get out of his money troubles that way, for a while. Thanks very much for any help you can provide. Also, any suggestions on how I can prevent this person from doing this to anyone else.

PS. Yes I know I should have done a backgroung check before paying him, even if he did a great job for my neighbor (my wife has already pointed that out several hundred times!)
**A: and here is another time. Before shelling out thousands of dollars to a stranger contractor, do a backgound check first.
 
M

md4377

Guest
No **** - Sherlock. I see you can read. You must be a lawyer or something. If you don't have any legal advice, save it.
 

JETX

Senior Member
Damn, here I was... getting ready to write a lengthy solution to your problem and help you get your money back.... then you decided to crap in your messkit by insulting a senior forum member.

So, go out and hire a local attorney. At least then he will be paid to listen to your crap and insults.
Have a hap-hap-happy day!!:D
 
M

md4377

Guest
My apologies. I see you do get what you pay for. I'm certain your free advice would be worth that. I now have a clear understanding why you have time to sit and follow this forum rather than generating billable hours. Thanks in advance for your next witty reply.
 

HomeGuru

Senior Member
md4377 said:
No **** - Sherlock. I see you can read. You must be a lawyer or something. If you don't have any legal advice, save it.
**A: yes I can indeed read. Because you posted something to the effect of a backgroung check. And I stated that you should have done a background check.
That is why I am an attorney and you're not. And I deem this the next witty reply to your sh*tty reply.
 
M

md4377

Guest
And I'm sure your very good at what you do. Unfortunately, from reading some of your other advice, you seem more like a bored college student than a practicing attorney.
 

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