Small Claims - Contractor

[highland145]

I bet if one of the deputy sheriffs were the victim, something would be done.

 

[mrblotto]

Just curious,
If OP / OP's lawyer files suit before the D-bag Contractor files for BK, is the suit.......uhhhh...what's the word..... still binding?
Meaning, does it matter whether or not the suit comes before or after the D-bag Contractor files for BK?

 

[allisolm]

Thanks for the update. Hopefully everything will be resolved in your favor. Please pop in here every now and then to let us know how things are going.

 

[highland145]

Just curious,
If OP / OP's lawyer files suit before the D-bag Contractor files for BK, is the suit.......uhhhh...what's the word..... still binding?
Meaning, does it matter whether or not the suit comes before or after the D-bag Contractor files for BK?

Nope. OP sues, gets a judgement/whatever, lawyer adds it to the BK. Douche files BK but it's still in the process, OP sues, lawyer adds it to the BK. I've had 2 where the douches filed BK and they were finished with the BK court before I made the loans. Didn't pay, I sued, they give the BK papers to the magistrate, magistrate shits pants..."Oh, no, we can't touch that."

 

[Jimzz]

Sorry, guess I'm overdue for an update.

So, the sheriff was basically useless. Apparently Michigan's consumer protection laws were gutted by the courts awhile back and are now useless.

I ended up hooking up with a lawyer who's a family friend who was willing to help us out a bit. He sent this guy and his lawyer a letter with some mild threatening and even offered to leave him alone if he would just build the damn deck. They didn't engage, and we ended up filing a lawsuit earlier this week. Still not sure or not if he has or will be filing bankruptcy or if he's just trying to scare us off. The lawyer is hoping that we can go after him for fraud, which apparently would not be voided under a bankruptcy filing, if we can show that he never intended to build the deck.

We talked to two more neighbors who are in similar situations. One of them gave way more money than we did, so that made me feel a bit better. The other one is still being told by this piece of crap that he's almost ready and will be doing his deck within the next few weeks.

I'm working to contain myself from harming the she-shed or pets at least until we can get through the lawsuit.

I would get copies of all that, dates/times on e-mails or texts messages, and contact thew DAs office. Police are lazy and will just play the "its a civil matter..." to get rid of you. But go to the DA and also see if you can file a compliant with the city/county/state since you said he has a license.

And I would not let anyone like that build a dog house let alone a deck on my property.

 

[rcpratt]

Update! Somewhat hopeful that I might be on to something after giving up.

From my last update, our lawyer did file a lawsuit against the guy seeking the refund of our deposit and damages equal to the amount of the project. As expected, we found out in November that he filed bankruptcy (both personally and for his LLC). Of course, that means my lawsuit is stayed, and if he does discharge his debt via bankruptcy I would be effectively SOL. I decided not to pursue an adversary lawsuit in the bankruptcy proceeding due to the associated costs.

However, I attended the creditor meeting last week and met with the trustee. This douchebag told the court/trustee that he went out of business in March. Minor problem - that’s not accurate. I have text messages and emails where this guy was continuously stringing us along from last October through this September. He told us as late as August that he would be by soon to start construction. He also asked for another deposit at that time.

At this point, the trustee has retained counsel for this case and seems to be considering filing an adversary lawsuit. He’s meeting with my other two neighbors in the same situation later this week, and I am providing him many pages of email and text message evidence. Perhaps the trustee may object to the bankruptcy or even refer him to a prosecutor to file fraud charges.

Even if I don’t get my money back, I’d settle for this guy having his bankruptcy being denied. Hell, maybe they’ll haul him off to jail....I can dream.