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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33730
Experience:  Attorney with 15 years experience in various consumer protection areas
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I'm a contractor homeowner had roof damage from Storm

Customer Question

I'm a contractor homeowner had roof damage from Storm insurance company covered $11,300 worth of damage my estimate was 11000 we did the work was paid in two payments 7500 last check was 3500 check bounced I talked to the insurance company homeowners definitely received 11300 now they say they don't have the money to pay me first time in 30 years I haven't been paid and I need some advice thank you
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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What is the homeowner's response when you contacted them regarding the bounced check?

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Was is NSF for insufficient funds or was it a stopped check or account closed?

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How long has it been since the job was done and the check bounced?

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thanks

Barrister

Customer: replied 3 months ago.
Homeowners reply the money should have been in the bank then they were going to check on it and get back to me they never got back to me I called them and they said Mortgage Company kept the money until the house was inspected I got the mortgage companies phone number and that was a lie non sufficient funds I have the bounced check copy homeowners girlfriend is on his bank account She Wrote 1 check he wrote the other two the job was done first week of June check bounced middle of June thank you
Expert:  Barrister replied 3 months ago.

Ok, then you have a couple options here.. You can send them a demand letter for the rest of the money and state that you will be filing a mechanics lien on the house if they don't pay within 10 days. Then you can actually file one if they don't pay. You then can file a formal lawsuit to foreclose on the lien and force a sale of the house to pay the debt.

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Or you can just go ahead and file suit in small claims court where the limit is $6,000 under a breach of contract claim.

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I would probably just file suit in small claims court as you will get a judgment within a month and then you can record it at the local land records office and it will create a lien on any property that they own in the county. You can also garnish wages and seize bank accounts to enforce the judgment and collect on it.

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thanks

Barrister