Time to sue?

[archie07 0]

I like her too but Greg Mathis keeps me laughing.

[dalegg 143]

While mechanics lien filings do vary from state to state, if the sub perfects his lien by notifying the property owner of the problem, that's usually all it takes. Materialmen and subs aren't left out to dry just because somebody didn't sign a contract.

The subs can most certainly pursue the money with the person who hired them...which would be Dale's 'contractor'. So they're not 'left out to dry'...Dale didn't hire them, Dale didn't sign anything (that he told us about) saying that he was responsible for paying the subs...so as I see it, the onus is on his 'contractor' for the money as Dale is not a party to the contract between the 'contractor' and the subs.

Again, laws on this prolly vary from state to state so I wouldn't be so quick to make another worry for Dale when this might not be the case in his area.

Dale...he SAYS he's out of money, but I'd be willing to bet that if he hears you're prepared to file complaints all over town & get him in trouble for unlicensed work, I'd bet even money that he'd come up with the money somehow.

It's worth a shot, no? Path of least resistance and all that jazz.

I'm not making another worry for him. Letting someone know the facts isn't making a worry for them. It's letting them know the gravity of the situation so they can possibly stop it before it gets to that point.

We just filed a mechanic's lien last month on property LEASED by a company who didn't pay a materialman.

But what you're missing is that they are not hard core facts because you don't know what the laws in his state are or even assuming all state laws are exactly the same (which we all know they are not)....how the mitigating circs of his situation differ from what the situation that you've quoted above. That is my point.

You might be right, you might be wrong...it all depends on the state law and having a qualified atty sort it all out for him. But I don't think anyone here should talk in absolutes like below.

If he hasn't (and your money is already gone) the painters can put a lien against YOUR property for HIS non-payment.

God forbid someone who knows what they are talking about give anybody advice that contradicts your almighty last word.

I'm sorry you seem to be taking offense to this, but the simple fact is, you're not a real estate lawyer practicing in the OP's state.

Dale just asked for people's advice...he wasn't expecting this to turn into a battle of opinions. Geez, just give him the best advice you've got and leave it at that. I don't understand this incessant need to prove others wrong.

I know man! People gettin worked up here. I didn't mean to start a fight!

[Mags 112]

Chill people, please. Thanks.

To be on Judge Judy or similar you have to have ALREADY been through a court case which has had a judgment made on it. Then you can call Judge Judy's people and they arrange for you to come on the showtravel costs, hotel fees all paid by the show). There is $5000 assigned per case (maximum pay out), if the plaintiff is awarded whatever they seek the money is taken out of THAT (not paid for by the defendant), whatever is left over from the $5000 is then split between defendant and plaintiff. So if the plaintiff is awarded $2000, they receive that AND then half of the remaining $3000, the rest goes to the defendant.

Rip off, huh?

So, normal courts is your only real option. You could go on TV later though if you wanted to.

Edited October 29, 2007 by Mags

[dalegg 143]

Well fellow VJers the issue is being forced. Today I gave him a phone call to inform him that he had until Friday to give me a refund or I would be suing him. What do I hear on the other end?

"We're sorry, the number you are trying to reach has been disconnected and is no longer in service, please check the number......"

So, we go down to his house again, and since we see his car in the driveway we knock on the door. No answer, but we heard him inside calling to his dog.

Two hours later, as per his usual M.O of calling me back only after I have lost my patience, I get a call from his previously disconnected phone. He must have gotten the money up to pay his dilenquent phone bill. Tells me he's coming over, and he's sorry but he was out of town. This guy thinks I'm stupid. His car was in his driveway for all but one hour this weekend! Maybe he's forgotten that I just live down the street.

Paperwork is starting....

[bradcanuck 1]

Well fellow VJers the issue is being forced. Today I gave him a phone call to inform him that he had until Friday to give me a refund or I would be suing him. What do I hear on the other end?

"We're sorry, the number you are trying to reach has been disconnected and is no longer in service, please check the number......"

So, we go down to his house again, and since we see his car in the driveway we knock on the door. No answer, but we heard him inside calling to his dog.

Two hours later, as per his usual M.O of calling me back only after I have lost my patience, I get a call from his previously disconnected phone. He must have gotten the money up to pay his dilenquent phone bill. Tells me he's coming over, and he's sorry but he was out of town. This guy thinks I'm stupid. His car was in his driveway for all but one hour this weekend! Maybe he's forgotten that I just live down the street.

Paperwork is starting....

Sounds like substance abuse. Erratic behavior, lying, evasion... all classic symptoms. Sorry to hear about your problems!

[Hilarious Clinton 452]

Chill people, please. Thanks.

To be on Judge Judy or similar you have to have ALREADY been through a court case which has had a judgment made on it. Then you can call Judge Judy's people and they arrange for you to come on the showtravel costs, hotel fees all paid by the show). There is $5000 assigned per case (maximum pay out), if the plaintiff is awarded whatever they seek the money is taken out of THAT (not paid for by the defendant), whatever is left over from the $5000 is then split between defendant and plaintiff. So if the plaintiff is awarded $2000, they receive that AND then half of the remaining $3000, the rest goes to the defendant.

Rip off, huh?

So, normal courts is your only real option. You could go on TV later though if you wanted to.

ahhhh that's how they do it. I've often wondered why some of those people go on there.

[Pinocchio Liberal 268]

It's not even painted all the way. He hasn't even purchased any of the materials to do the new siding.

I would like to ask, why he was sandblasting? if he was gonna put new siding on. Should have been a clue right there. I think your screwed. You would prolly win in court but after attorney costs and fees you might see 70%. He is obviously in financial ruin and prolly has enough leins on his house to kill a horse, your gonna have to get in line if thats the case. Im sure he values his kneecaps.

[dalegg 143]

It's not even painted all the way. He hasn't even purchased any of the materials to do the new siding.

I would like to ask, why he was sandblasting? if he was gonna put new siding on. Should have been a clue right there. I think your screwed. You would prolly win in court but after attorney costs and fees you might see 70%. He is obviously in financial ruin and prolly has enough leins on his house to kill a horse, your gonna have to get in line if thats the case. Im sure he values his kneecaps.

No, that actually is normal. He has to sandblast so that the rock siding will lay flush against the wall. It's not going to cost me anything more in court than a $75 filing fee because we're going small claims.

You are probably right about the liens though. I'm getting in line. I just want my piece of what's ever left. But whatever I do or do not get, I'm not going to let this S.O.B get away without doing something.

[Pinocchio Liberal 268]

It's not even painted all the way. He hasn't even purchased any of the materials to do the new siding.

I would like to ask, why he was sandblasting? if he was gonna put new siding on. Should have been a clue right there. I think your screwed. You would prolly win in court but after attorney costs and fees you might see 70%. He is obviously in financial ruin and prolly has enough leins on his house to kill a horse, your gonna have to get in line if thats the case. Im sure he values his kneecaps.

No, that actually is normal. He has to sandblast so that the rock siding will lay flush against the wall. It's not going to cost me anything more in court than a $75 filing fee because we're going small claims.

You are probably right about the liens though. I'm getting in line. I just want my piece of what's ever left. But whatever I do or do not get, I'm not going to let this S.O.B get away without doing something.

Dale! Park a wheelchair out front of his house! With a note that says "net 30" on it.

[dalegg 143]

It's not even painted all the way. He hasn't even purchased any of the materials to do the new siding.

I would like to ask, why he was sandblasting? if he was gonna put new siding on. Should have been a clue right there. I think your screwed. You would prolly win in court but after attorney costs and fees you might see 70%. He is obviously in financial ruin and prolly has enough leins on his house to kill a horse, your gonna have to get in line if thats the case. Im sure he values his kneecaps.

No, that actually is normal. He has to sandblast so that the rock siding will lay flush against the wall. It's not going to cost me anything more in court than a $75 filing fee because we're going small claims.

You are probably right about the liens though. I'm getting in line. I just want my piece of what's ever left. But whatever I do or do not get, I'm not going to let this S.O.B get away without doing something.

Dale! Park a wheelchair out front of his house! With a note that says "net 30" on it.

Oh man I am so close to getting an old truck from my work and just blocking him in or posting a bunch of signs in his front yard "theif" "liar" or something. I'd probably get arrested for harrassment though.

Edited October 30, 2007 by dalegg

[Fandango 1,440]

Oh man I am so close to getting an old truck from my work and just blocking him in or posting a bunch of signs in his front yard "theif" "liar" or something. I'd probably get arrested for harrassment though.

If yer gonna do that, make sure it's spelled T-H-I-E-F

sowwy...just messin

[dalegg 143]

Oh man I am so close to getting an old truck from my work and just blocking him in or posting a bunch of signs in his front yard "theif" "liar" or something. I'd probably get arrested for harrassment though.

If yer gonna do that, make sure it's spelled T-H-I-E-F

sowwy...just messin

Yeah, after I wrote that I was going to go back and edit to say I might add a third sign that said "BAD SPELLER"!! But I got too lazy.

[Pinocchio Liberal 268]

It's not even painted all the way. He hasn't even purchased any of the materials to do the new siding.

I would like to ask, why he was sandblasting? if he was gonna put new siding on. Should have been a clue right there. I think your screwed. You would prolly win in court but after attorney costs and fees you might see 70%. He is obviously in financial ruin and prolly has enough leins on his house to kill a horse, your gonna have to get in line if thats the case. Im sure he values his kneecaps.

No, that actually is normal. He has to sandblast so that the rock siding will lay flush against the wall. It's not going to cost me anything more in court than a $75 filing fee because we're going small claims.

You are probably right about the liens though. I'm getting in line. I just want my piece of what's ever left. But whatever I do or do not get, I'm not going to let this S.O.B get away without doing something.

Dale! Park a wheelchair out front of his house! With a note that says "net 30" on it.

Oh man I am so close to getting an old truck from my work and just blocking him in or posting a bunch of signs in his front yard "theif" "liar" or something. I'd probably get arrested for harrassment though.

Dale, work his consicous, HARD! Karma, comes quick and fast to those who are imaginative.

Put your best playas in! Your the coach Dont forget to be nice. A little wink now and then will go a long way. heh heh!

[Fandango 1,440]

Oh man I am so close to getting an old truck from my work and just blocking him in or posting a bunch of signs in his front yard "theif" "liar" or something. I'd probably get arrested for harrassment though.

If yer gonna do that, make sure it's spelled T-H-I-E-F

sowwy...just messin

Yeah, after I wrote that I was going to go back and edit to say I might add a third sign that said "BAD SPELLER"!! But I got too lazy.

you'd have to spell that 'SPELR'

[dalegg 143]

Oh man I am so close to getting an old truck from my work and just blocking him in or posting a bunch of signs in his front yard "theif" "liar" or something. I'd probably get arrested for harrassment though.

If yer gonna do that, make sure it's spelled T-H-I-E-F

sowwy...just messin

Yeah, after I wrote that I was going to go back and edit to say I might add a third sign that said "BAD SPELLER"!! But I got too lazy.

you'd have to spell that 'SPELR'

THIS MAN HAS BEEN KNOWN TO USE E BEFORE I