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Question

I hired a contractor to paint my house and do some work. I gave him money for supplies totalling 500 dollars and half of the labor totalling 350 dollars. The man never showed up to do any work on my house. I have a hand written receipt by the man, signed by him with a list of total payed and still owed monies. I have already filed against him for 850 dollars and the court cost of 102. The clerk told me that the receipt would only go so far and that if the man came to court and claimed that he has no money and no job the court could do nothing to make him refund my money. I believe he has been in this situation before and now I am finding out that he has burned other people and pulled the same thing. I am currently getting statements from my neighbors that contracted him prior to myself hiring him. I feel like my knowledge of the law is hindering me from taking the correct steps to make sure the legal system doesn't protect him and leave me to the dogs.

Submitted: 212 days and 10 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

Mathis, Texas

Already Tried:
I have just filed against him. But when the clerk told me that he has already been in this situation and all he has to do is claim that he has no job and no money, there is nothing they can do to make him repay. To combat that claim I am getting statements from my neighbors that state they contracted work on their houses from him. I was thinking of tracking down his landlord to ask to get a statement that he pays rent, if that would help. Im just willing to do anything to take care of this. I was also wondering if the court could put a lean on anything he owns or if they could use any assets he posseses to repay me. I would hate to leave the court room knowing that they protect people like him.

Posted by INFOLAWYER 212 days and 10 hours ago.

Info Request

What state are you in?
what state is the contractor in?
are you asking how to recover the 850 dollars?

212 days and 10 hours ago.

Reply

Both in Texas. I am asking if there is anything I can do to combat his claim of no money no job.

Posted by INFOLAWYER 212 days and 10 hours ago.

Answer

If you paid him and he didnt perform, do the following:
1. complain to the BBB and dept of consumer affairs
2. sue him in small claims court.

212 days and 10 hours ago.

Reply

he is a contractor not a established business

Posted by INFOLAWYER 212 days and 10 hours ago.

Answer

He may have a dba in which case involving the BBB does not hurt, but suing in small claims court is likely your best recourse.

212 days and 10 hours ago.

Reply

What about the clerk telling me that he has been in this situation before and got out of it because of the no money no job thing?

Posted by INFOLAWYER 212 days and 10 hours ago.

Answer

I dont see a defense on his end if he was paid and didnt perform.

212 days and 10 hours ago.

Reply

is the hand written receipt sufficient?

Posted by INFOLAWYER 212 days and 10 hours ago.

Answer

yes along with your testimony and witnesses.

212 days and 10 hours ago.

Reply

Hand written statements from my neighbors should suffice?

Posted by INFOLAWYER 212 days and 10 hours ago.

Answer

That along with the receipt and your testimony.

212 days and 10 hours ago.

Reply

Can you suggest any thing else that I could scrounge up that would help me?

Posted by INFOLAWYER 212 days and 10 hours ago.

Answer

Consider a letter from a lawyer or from you with a cc to a lawyer that may scare him into paying without suing. sounds like this person does this a lot and needs to be sued.

212 days and 9 hours ago.

Reply

What about using his assets? Or is that up to the judge?

Accepted Answer

After you secure a judgment then you can pursue assets. You should seek to enter a settlement agreement and payment plan.

A judgment entered in a court of the State of Texas is generally enforceable for a period of ten (10) years.

A judgment creditor generally may request the issuance of a writ of execution thirty (30) days after the entry of a final judgment. (Texas R.C.P. Rule 627.) All of the property of a judgment debtor, not exempt by law, may be subject to levy and sale to satisfy the judgment. The levying officer is required to call upon the judgment debtor first to designate such property as may be levied upon. If the judgment debtor is absent or if no property is designated, the levying officer generally may execute upon any property of the judgment debtor which is subject to execution.    (Texas R.C.P. Rule 637.) Personal wages of a judgment debtor generally is not subject to garnishment

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Expert: INFOLAWYER
Pos. Feedback: 97.1 %
Accepts: 5967
Answered: 4/10/2009

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