not getting paid - small claims

[CopperTone]

I live in a small suburb outside boston (15k residents). We did a job for a small contractor back in june (electrical work was 2.5K) not a big job, however, he never paid us - this is 145 days overdue - signed agreement said payment was "due on receipt" - homeowner was happy with work and paid the contractor in full for all work performed. He has ignored all correspondence for me -emails, faxes, mail.
I had my attorney send a demand letter which he ignored and now i have a date in small claims court in Feb. Another customer of mine has contacted me recently and told me a story about this same contractor who isn't paying the subs for a job at his house and the subs want to put a lien on his house.
Obviously there is a pattern here.
My point or question here is " when or if ever in this situation, have you ever contacted the building dept and spoken to the building inspector about this contractor running around stiffing subs? will it do any good? is there anything else I can do? or just wait in silence for my court date?"

small town -word gets around fairly quick anyway.

 

[480sparky]

What do you expect the building department do for you? All they do is issue permits and conduct inspections. They're not a collection agency.

As for your recourses, what does your contract state?

Unfortunately, you're stuck if you've filed in small claims. He either pays before the date the court sets, or you need to go in and present your case. It sucks, yes, but that's part of the game.

 

[iwire]

Maybe not the building dept but the licensing board.

They will pull electrical licenses if the electrician stiffs the customer.

http://www.mass.gov/?pageID=ocapres...srelease&f=06_01_25_dplelectricians&csid=Eoca

 

[electricmanscott]

Calling the building department sure can't hurt. I'd certainly call the licensing board too as Bob suggested. I'd also spread the word around that the guy is a bum. Why not start here. Name??

Most importantly, don't make any plans for that money, it ain't comin'!

 

[Lcdrwalker]

I think that you should consider a lien also. This will surely get the HO involved. Now there will be at least two entities after this deadbeat. You should also keep track of your expenses. In some states these can be recouped.

 

[wireguru]

I would place the lien, sue him, and also talk to the DA about pressing felony charges for conversion. If the HO paid him and he didnt use the proceeds to pay you, and used them for something else, thats a crime in many states.

 

[220/221]

That's why I get 50% deposit.


You will win in SC court .....but then you have to collect.

We have been there twice and won both times.

The first time, the customer didn't pay until he tried to refi his house :grin:

The second time, she wrote a check that day, in court.

 

[CopperTone]

i emailed this guy again today and told him we were going to file a complaint with the state licensing board, the better business bureau and the town building dept in which the work has taken place. He emailed back saying he would pay me $700 now and $700 next week and some other sob story. He owes $2600. I don't trust him at all but if I get the money that is all i want anyway.

 

[480sparky]

i emailed this guy again today and told him we were going to file a complaint with the state licensing board, the better business bureau and the town building dept in which the work has taken place. He emailed back saying he would pay me $700 now and $700 next week and some other sob story. He owes $2600. I don't trust him at all but if I get the money that is all i want anyway.

If it's been 5 months, he should have your money by now. If he claims he can't pay you because his customers haven't paid him, that's his problem, not yours.

If he sends you 700 clams, fine. Still go through with whatever collection proceedings you have initiated.

 

[Fulthrotl]

i emailed this guy again today and told him we were going to file a complaint with the state licensing board, the better business bureau and the town building dept in which the work has taken place. He emailed back saying he would pay me $700 now and $700 next week and some other sob story. He owes $2600. I don't trust him at all but if I get the money that is all i want anyway.

well, does the man have a bond with the state in order to have a license?

if he does, file a claim on his bond. he'll pay you immediately, as anyone
who has a claim on their bond can't get a new bond, and are out of business,
at least in calif.

i've had very few deals go this way, and i consider myself fortunate.

you can usually get paid one way or another, but it may take you
so much time to get the money that you could have earned more
money in that time just doing new work.


randy

 

[mdshunk]

well, does the man have a bond with the state in order to have a license?

if he does, file a claim on his bond. he'll pay you immediately, ...

Bingo. I know if someone tried to file a claim against my licensing bond, that would get my attention in a big hurry. Matter of fact, I might even pay even if I thought I had a reason not to otherwise.

 

[petersonra]

don't let the guy scam you any more than he already has.

SC court would not be my first choice. depending on what state you are in, getting a judgment paid is not always that easy, and he may not have anything easy to get at. If he is smart, he will just ask to have it taken out of SC court forcing you to pay a lawyer to pursue it.

file the lien and make sure the HO knows about it. I like the idea of filing against his bond if that is available to you.

there is a limited period of time to file a lien. in some states it is not real long.

 

[CopperTone]

i don't know if he needs a bond with the state to have a license. I know I do not as a EC with a master corporate electrical license. I'm in massachusetts. I will call the board of licensing Monday to inquire. The homeowner has paid for the job in full, I know that for a fact.

 

[ivsenroute]

The reality is that due to the economy, many contractors, especially homebuilders are going out of business and the money just simply may not be there. You are more than likely in line with many other subs in the same boat with this guy so you may never get anything back at all or just a partial. This is a sad reality. We have witness this problem in our area and incomplete houses just sit until they are foreclosed on and the builder is gone but screwed financially.

 

[ceb58]

I would place the lien, sue him, and also talk to the DA about pressing felony charges for conversion. If the HO paid him and he didnt use the proceeds to pay you, and used them for something else, thats a crime in many states.

I would go to the home owner and tell them that I have not been payed by this GC. And you are planning on filing a lien on the property. For this amount they may pay you to keep a lien off of their property. But let them know that if they wish to pursue action against the contractor you will help. It's bad when the HO has to pay twice but that's what happens some times. Or if you do get it to small claims and win a judgment it doesn't mean you will see any money. For this amount you have to decide what would be the best for your situation. Dealing with all the hassle or just taking the loss and writing it off. Either way I would let every one know what they are dealing with if they hire this guy