Consumer Protection Law

Consumer Protection Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Consumer Protection Law

Complicated problem with contractor

Customer Question
I have a very complicated...
I have a very complicated problem and I desperately need assistance. My husband used a contractor in 2011 that did a horrible job on our bathroom. As a result, it would cost us over $3,000 to redo the tiles and leaks in the toilet and tub left by this contractor. The tiles were done poorly from the beginning and the plumbing was done by an unlicensed plumber that the contractor uses (even though the contractor is licensed). We took photos of the horrible work. We held back $1800 from the total cost of the job - which was $10,000. We begged the contractor to get us licensed plumbers to fix the leaks and to redo the discolored cracking grout. He refused. Worse, the contractor verbally assaulted us and apparently has alot of "influence" in the courts with the judges. He threatened us (using bad language and four letter words) and told us "Your will never win in court. I always win. You are going to lose the case and I'm suing you for the money." He drove by our house several times and shook his fists at my husband and me - while screaming and cursing at us. We went to court and despite the fact that the photos show very clearly that the bathroom is a mess and telling the Judge about the contractor's threats, we lost. The judge ignored the photos and sided 100% with the contractor, which seems very odd.

After the court hearing, the contractor came after us for the entire amount of the money - and sent letters from his attorney that he is attaching all kinds of interest and penalty fees to the original $1800. Because we lost in court, we had no recourse but we also have no money. We don't feel we should have to pay for horrible work that needs to be redone so we did not pay. As far as I am concerned, my husband made bad decisions hiring this contractor. I did not like this contractor from the start, and my F rating is in full view on Angie's List. But now my husband's decision is directly affecting me - here is the issue:

The contractor went to the Marshall's office and had the Marshall take over my husband's bank account. It just so happens that years ago I got a small safe deposit box at that bank for free when my husband opened the account, but the safe deposit box is in my name. The Marshall seized my safe deposit box so I have no way of closing the account. Now, the bank (Chase) is demanding that I pay the annual fee (a hefty $90 - the box isn't free anymore) and I am trapped. I refuse to pay for something that I did not do - and I did not even remember about the box. I told the manager at my local Chase Bank that I would simply like to close the account and let the Marshall keep the box. I don't even think I have anything in it.

I have tried to call the Marshall's office and work out something with them and told them I want to close the box. They refused and the woman in the office was nasty on the phone, and my repeated calls were not returned. Finally, my husband went down to the Marshall's office and was rebuffed rudely again. The Marshall's office is being very spiteful and they are working for the contractor. They refuse to release my name from the account, and Chase is demanding money.

I don't feel I should have to pay for something that does not have anything to do with me. My husband signed the original bathroom contract, and the box is an adjunct to his Chase account. It's just that the safe deposit box is in my name, so Chase is after me for the money.

This is very complicated and I am unable to continue to pay for an account that I am not being allowed to close. My husband has no money left in the account so the Marshall's Office and Chase are tormenting me and quite frankly, I am living on a very low fixed income. My husband and I are in foreclosure, we are living on food stamps and he only has a part time minimum wage job. I don't know what to do. Please help me.

P.S. - I hope Consumer Protection law is the right category.
Submitted: 4 years ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 6 minutes by:
5/18/2013
Consumer Protection Lawyer: Infolawyer, Lawyer replied 4 years ago
Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 59,015
Experience: Licensed attorney helping individuals and businesses.
Verified

INFOLAWYER : Hello and thank you for the question.
INFOLAWYER : Was the restraint issued pursuant to a default judgment?
INFOLAWYER : In other words, did the contractor win by default without a case on the merits?
Customer : HELLO I DID NOT REALIZE YOU WERE DOING CHAT. I AM IN THE CHAT WINDOW NOW.
Customer : Sorry about the capitals, I am so upset.
Customer : If you are referring to the safe deposit box, I do believe the restraint was issued due to the default judgement by the Judge against us. I am certain that is the reason the Marshall grabbed my safe deposit box. But I can't pay Chase - I don't even have the money. And I have no access to the box and the Marshall is siding with the contractor.
Customer : If you read what the contractor did to me, there is something very wrong with this picture. I believe the contractor is paying off the city - or maybe even paying off the judge. If you saw the photos of my bathroom, you would understand what I mean. People who come to my house are appalled at the results.
Customer : It looks like the bathroom floor is 20 years old - not 2 years old.
Customer : I was thinking of writing to the Attorney General's office, or maybe even the Governor. I am extremely upset - crying now - I can't even function with this going on.
Customer : Are you still in chat?
Customer : This contractor cursed at me and threatened me, shaking his fists at me prior to the court date. Even if you hold back money from a bad job no contractor has a right to do that.
Customer : Are you still in chat?
Customer : I will not be able to remain in chat idle for too much longer, so please let me know if you are still in chat and researching my question. Thanks so much.
Customer : I just noticed the second part of your reply.
Customer : The contractor won without a case on the merits - and anybody who has seen the photos of my bathroom taken immediately after the work was done agrees. We had leaks in the toilet and sink. They also did a terrible job on the tiles because the grout was mixed badly and left staining and cracking. It is awful.
Customer : I am going to have to log off. I really hope you answer my question but I can't stay idle in Just Answer at this time.
INFOLAWYER : Hello
INFOLAWYER : I was having technical issues
INFOLAWYER : apologize for the delay
INFOLAWYER : If the judgment and restraint based on default
INFOLAWYER : one may file a motion and have it vacated due to lack of notice
INFOLAWYER : also if the account does not belong to judgment debtor the court can release it
INFOLAWYER : The motion is usually granted
INFOLAWYER : courts like to have cases decided on the merits.
INFOLAWYER : Is that clear? apologies again for the delay in initial response
INFOLAWYER : ask me if you need any clarification
Customer :
If the judgment and restraint based on default
5/18/13 5:08 PM
one may file a motion and have it vacated due to lack of notice
5/18/13 5:08 PM
also if the account does not belong to judgment debtor the court can release it
5/18/13 5:08 PM
The motion is usually granted
Customer :

I'm sorry I was trying to paste your response because I was confused and wanted to point out what was unclear.

Customer :

Who may file the motion to have the judgment vacated? Do I have to get an attorney to do that? And what kind of attorney? I really don't have money and can't afford to hire a lawyer to represent me. So please let me know the process I need to go through to get the judgment vacated.

Customer :

Also, I don't know what you mean when you write: "If the account does not belong to judgment debtor the court can release it." The judgment is against my husband, and the bank account is his. But unfortunately, the safe deposit box which is the the bank is in my name. So the marshall seized my box, and now Chase Bank is hounding me to pay the annual dues for the box even though I have no access to it. But the Chase Bank account was in my husband's name and the judgment is against him.

Customer :

Can you please follow up on this when you get back into the chat, I really appreciate it. Thank you so much. It does sound like I have some recourse. Just please let me know how to go about getting the motion vacated, and what to do.

Customer :

Thanks again.

Ask Your Own Consumer Protection Law Question
Ask Infolawyer Your Own Question
Infolawyer
Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 59,015
59,015 Satisfied Customers
Experience: Licensed attorney helping individuals and businesses.

Infolawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

59,015 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,422 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,607 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,184 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

582 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
I have fraud situation can you help? I am in Las Vegas
I am in Las Vegas though the transactions took place between Chicago & Mexico City … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Merchant “SHOPIFY” cancel my account but my customers paid
Merchant “SHOPIFY” cancel my account but my customers paid me before and I had about 7k for several days that they didn't deposit my money on my account and wanted to hold it for 190 days, where can I… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,720 satisfied customers
I am pro se and I tried to file a motion in NYS Supreme
I am pro se and I tried to file a motion in NYS Supreme Court on January 19, 2017 after mailing out the papers to all parties via USPS regular mail. However, when I arrived at the clerk's office to fi… read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
I was with Schwab for over 20 years, then I was convicted
I was with Schwab for over 20 years, then I was convicted for a felony gambling, they just threw me out, no explanation, I opened an account with Merrill, before I could make my first trade, they deci… read more
Infolawyer
Infolawyer
Lawyer
59,015 satisfied customers
My father lives in San Antonio, TX and was taken to the
Good afternoon. My father lives in San Antonio, TX and was taken to the hospital last year when he was having an emergency. Tricare as well as his medicare paid the bills. Acadian ambulance company co… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
I made an online purchase last night at a chain store. This
I made an online purchase last night at a chain store. This evening I received an email from them stating that there was a glitch in the pricing last night, and because of that they are reversing my p… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
1,184 satisfied customers
I placed an order on a tesla model s. They said i have 3
i placed an order on a tesla model s. They said i have 3 days to change my mind, then after the 3 days the deposit is no longer refundable. it has been 6 days and I tried to get my deposit back, but t… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,263 satisfied customers
My brother has had his driver license stolen and apparently
My brother has had his driver license stolen and apparently someone has been renting cars in different cities using his identity. It's happened in San Jose, San Francisco Int'l Airport and tonight now… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
I'm 67 and disabled due to a near death accident 6 years
My name is***** I'm 67 and disabled due to a near death accident 6 years ago. Prior to the accident I worked helping peop[le with developmental disabilities lead very productive lives. I operated 16 c… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
I have a title loan with high interest and high payment I'm
I have a title loan with high interest and high payment I'm scare that eventually I'm going to lose my car I have been apply other loans being denied I'm running out of options I need help … read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
How do I go about asking to be released from our timeshare
How do I go about asking to be released from our timeshare with Blue Green? Sounds like they are being more flexible and allowing this if you ask for it. But where do you start . whko would be the rig… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
I have 4 charges of 4.95 for Agora Financial on my credit
I have 4 charges of 4.95 for Agora Financial on my credit card. How can I verify these charges? Also, I paid for a lifetime subscription to Agora Financial publicaction about 2 years ago for about $11… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I had a breastbiopsy and a marker should be left in situ to
I had a breastbiopsy and a marker should be left in situ to mark the area for further treatment but the dr did not do this at the tima tec asked him if he put amarkerinand he admitted he forgot I have… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
I need to speak to someone who is an expert in Elder
I need to speak to someone who is an expert in Elder Financial Abuse Laws. Please reply if you are experienced in this field of law.… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,720 satisfied customers
Bought used car 1 month ago been in shop 2 weeks and
bought used car 1 month ago been in shop 2 weeks and scheduled to go back in want to get refund is it possible … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
Well im not sure if this question you can help me but in
well im not sure if this question you can help me but in regards ***** ***** a car from a dealer, contract etc then down the road went out on disability, couldn't afford my car payments so I gave then… read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
I'm in the middle of a dispute with an orange county credit
I'm in the middle of a nasty dispute with an orange county credit repair agency. They sent me a Cease and Desist letter for my Yelp review and are trying to send my credit disputes with my bank to arb… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
Here's what's happening... I put up a Craig's ad for my
here's what's happening... I put up a Craig's ad for my piano lessons and got a plethora of responses from people from out of town wanting Lessons for their children (i should've known!) and they all … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x