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Richard, Attorney
Category: Legal
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Experience:  Attorney with 29 years of experience.
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I have a small remodeling business licensed in the state of

Resolved Question:

I have a small remodeling business licensed in the state of Minnesota.
In the past I have worked for a Realtor who markets foreclosed homes after I repair them.
The last house I worked on for this realtor was back in December of 2010. I submitted an invoice on December 29th, 2010 and have still not seen payment. The realtor claims that they have not been payed by the bank and that is why they have not payed my company
the $ 4,775.00 they owe me. I do not work for the bank, I have worked for the realtor and thus been payed for other jobs by the realtor. The most I have ever had to wait for payment is 4 weeks. While I do not have a written contract with this company, I can prove by other invoices and payments the past practice of paying my company within 4 weeks. Do I have a good case in small claims or other court situations to recover my
money that is owed me? I also have a email from the owner of the company from July of 2010 that states he will start to pay me out of his own pocket as he can until payed in full. I have not seen payment one or heard from him since this email.
Willie Norgaarden
Wil-Serv Remodeling
Submitted: 4 years ago.
Category: Legal
Expert:  Richard replied 4 years ago.

Good morning. Since he isn't paying voluntarily, you should file a claim against him. You are absolutely right in that you did not contract with the bank and whether or not the bank pays him is totally irrelevant. Once you get awarded a judgment in your favor, then you can have the sheriff serve a summons on him for a debtor examination. That forces him to meet you in court and answer questions under oath about his assets. After you obtain that information you have the power to garnish wages, attach bank accounts, and/or have the sheriff seize other property to satisfy the debt.



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