builders and lawyers >>>

[MadJack]

i won a 6k small claims judgement against my builder. 6k is max in indiana for small claims.

i hardly think he plans on paying so my question is;

can i get a lien on some of the houses he's currently building? this dipshit shouldn't be allowed to build and profit until he finishes jobs he didn't complete.

any ideas?

jack@madjacksports.com

i figure he owes about 13-15k worth of work but decided not to take him to higher court because of the expence.

OH.....there was $2400 in escrow for a portion of the work that he never completed and the fuker went to the title company a few months back and told them he finished the work and they paid him. what recourse do i have on this issue? sue the title company in small claims court?

 

[Keith 1]

Jack: I don't know Indiana law at all. Here in NY, many times the Small Claims Courts do the work for you. You fill out an execution form, indicating anyone that you know that owes the person $$$, and then the sheriff goes and does the rest. The Court that you got the judgment from should be able to help you with that. As for the claim against the title company, I would have to see the terms of the escrow agreement before I can comment on whether they did anything wrong or not. Also, did you advise them not to release the escrow $$ and they did it anyway ? If so, then you likely have a stronger claim against them.

 

[Franky Wright]

Jack,
Im heading out the door, but quickly regarding the title company, you have and open and shut case. Send them a letter on atty letter head, stating you never signed off on that escrow. And yes you can file liens against him.
Back for more later

Franky

 

[Keith 1]

Jack,
Im heading out the door, but quickly regarding the title company, you have and open and shut case. Send them a letter on atty letter head, stating you never signed off on that escrow. And yes you can file liens against him.
Back for more later

Franky

with all due respect, I am not sure you can say that he has an "open and shut case". He very well might, but without knowing more details regarding the deal in general, and the terms of any escrow agreement in particular, I can't comment further.

 

[MadJack]

title company escrowed the money for grading and seeding. he never did the work. i paid a local nursery for that amongst other things. he saw the work was done and went to claim his money from the title company (said he completed the word). she sent an appraisor out and he confirmed the work was completed and she paid him. yea, the work was completed but NOT BY HIM! i called there tuesday to ask how to get my money. she said she paid him. i called bullshit and explained to her. she's pissed and wanted to call him and find out his story. he's on vacation again and won't be back until monday. she's pissed and i think scared about what i might do. maybe i can get the builder for fraud. i'd rather see him get in big trouble and forget the money. he's a scumbag thief!

 

[MadJack]

franky, that's great about the liens. that'll get the prick to pay up. tell me the procedure for filing and i'll do it first thing monday.

thanks guys

 

[oldschoolcapper]

jack,

check to see if your state has a home builder's licensure board. if they do, there may be a recovery fund you can dip into. i'll try to send you an email first of next week with a little more detail.


osc

 

[White Shadow]

When we were building, we had to sign stating the work was done before he could get his money. Not saying that is the case everywhere but that was my experience. I would say he could find himself in quite a bit of trouble over something like this.

 

[Mjolnir]

mechanics lien might work.

 

[MadJack]

no builders license board here.

i *thought* i was required to sign off but the lady at the title company said no. i'll find out monday but i'm sure this guy is going to get in big trouble over this. there's no excuse he could possibly come up with to justify what he did.

yup....the old mechnics lien. that's what i was asking about.

thanks for the replies, appreciate it.

Jack

 

[Franky Wright]

Keith1,
Like I said, Open and Shut case

i called there tuesday to ask how to get my money. she said she paid him. i called bullshit and explained to her. she's pissed and wanted to call him and find out his story. he's on vacation again and won't be back until monday. she's pissed and i think scared about what i might do.

Any work, that has not been finished by him, you should file liens against his company. This will take some doing, and you may want to hire a lawyer to do this :shrug: Its a pain in the ass, so it might be worth it.

i figure he owes about 13-15k worth of work but decided not to take him to higher court because of the expence.

Jack, you need to explain this 13-15K work thing a little more before I can go into more detail.
GL
Franky :SIB

 

[MadJack]

Jack, you need to explain this 13-15K work thing a little more before I can go into more detail.
GL
Franky :SIB

i can but.....
last year i did see a lawyer because i wanted everything owed to me. the lawyer, being honest i guess, said that a full suit could take upwards of a year to complete costing me 10k-15k by the time it's over and all i would get is a judgement that the builder might never pay. this builder operates under multiple LLC's and i can only sue his corp. he could decide to let that corp go. know what i mean? plus, since i already went to small claims, i don't think i can sue him again in court.

 

[White Shadow]

Jack.....maybe you can give your good friend Beantownjim a call and see how much Johnny Knockdown charges for a job like this. I'm sure he's probably much cheaper than a lawyer and will get much quicker results.

 

[Franky Wright]

said that a full suit could take upwards of a year to complete costing me 10k-15k by the time it's over and all i would get is a judgement that the builder might never pay. this builder operates under multiple LLC's and i can only sue his corp. he could decide to let that corp go. know what i mean? plus, since i already went to small claims, i don't think i can sue him again in court.

Jack,
You can sue him again, as long as its a different suit :shrug: Where are our attorneys on here? :SIB
Dont let him get away with this crap. Too bad we were unable to hook up when I was down there last month. If you sued him for the landscaping, but not the say flooring, then go after him for the flooring. I guess it would depend on how you went after him the first time. Like I said, I dont think I have enough info. Went back a reread your first post, if you think he still owes you 7-9K worth of work, then file liens against His subs who did the work in question. That will get the ball rolling :mj07:
Franky

 

[MadJack]

how do i file the lien?

how do i file a lien on the subs. the only info i have on the subs is name and phone number.

i sued him and mentioned al the claims in court as to build the price up really high so i would have the best chance for the max of 6k. maybe that was a mistake.

yup, sorry i missed you, that was not a good week for me at all.

come on out to vegas in june and meet some of us. should be a great time.

thanks for your replies.

 

[amich1]

Contact the small claims court & ask them what the procedure is for "enforcing a judgment." Every state has their own rules regarding "small claims" & this could be as simple as filling in a pre-printed form available from the clerk or you may need to hire an attorney to draft a motion to enforce the judgment. Either way, it souonds like this guy doesn't quite understand the concept that courts & judges generally get very upset when people attempt to disregard their rulings (and typically don't hesitate to flex their muscle by establishing a lien or garnishment to fulfill the debt, often w/ additional penalties for non-compliance). I'm assuming you were unrepresented by counsel here... if so, start by calling the clerk, ask her a/b the procedure to enforce a judgment & keep us posted on your results!

 

[Keith 1]

Jack--anyone that is telling you that YOU can file a mechanic's lien here, does not know what they are talking about. A mechanic's lien can be filed by a contractor (or sub-contractor) or materialman, who supplied work or materials and did not get paid. It cannot be filed by the property owner who did not receive all the work and materials as contracted for.

As for suing again, you may not be able to do so. Many states (including NY) require you to assert all your claims at the same time (if all arising from the same transaction). Not saying you can't, but just that it is not as "open and shut" as others seem to be telling you.

 

[freelancc]

i *thought* i was required to sign off but the lady at the title company said no.

try to work this out with Title Company first. They see this kind of thing occasionally. If you are the listed owner of property, Title Company may have made the mistake.

In any case with their support you will have the best chance should this thing ever go to court. In any dispute like this you will need a reliable ally. Try to work it out with Title Company..

Sorry to hear of this.. good luck Jack.. :sadwave:

 

[Franky Wright]

Jack--anyone that is telling you that YOU can file a mechanic's lien here, does not know what they are talking about. A mechanic's lien can be filed by a contractor (or sub-contractor) or materialman, who supplied work or materials and did not get paid. It cannot be filed by the property owner who did not receive all the work and materials as contracted for.

As for suing again, you may not be able to do so. Many states (including NY) require you to assert all your claims at the same time (if all arising from the same transaction). Not saying you can't, but just that it is not as "open and shut" as others seem to be telling you.

Are you implying I dont know what I am talking about? :scared And who said anything about "Mechanics Liens"? :SIB

 

[Keith 1]

Are you implying I dont know what I am talking about? :scared And who said anything about "Mechanics Liens"? :SIB

whatever lien you were suggesting be filed. In NY, when it relates to work such as this, it is called a mechanic's lien. I don't know what state you are referring to, so I can only speak of that.

All I did was try to offer advice here, in response to a request. My mistake. I'll let you handle it.