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I live in Billings, MT. A year ago, I ordered flooring for…

I live in Billings...

I live in Billings, MT. A year ago, I ordered flooring for my house from a local store amounting to approx. $1500. The flooring was never delivered or installed. Numerous attempts have been made to have my money refunded, and have been met with excuses about why he cannot refund now, or just not returning my calls. Recently, I learned the business owner is installing the new flooring in a large commercial addition to a local health center(as a subcontractor.) My question is, can I file a lien with the contractor against the money to be paid to the flooring guy?

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

This is Montana. The purchase was made in October of 2015.

Lawyer's Assistant: Have you contacted the manufacturer?

The manufacturer (s) of the flooring ? No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I haven't taken legal action against the business owner yet, because he claimed he was near bankruptcy and didn't have the money to repay me. However, now I see he has this big contract, and there should be money forthcoming.

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Answered in 2 minutes by:
11/22/2017
Andrew
Andrew, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 385
Experience: Attorney
Verified

Hello I am a licensed practicing attorney with 20 years’ experience hopefully I can help with your problem. Please give me a moment to review and respond to your question.

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Customer reply replied 9 months ago
ok. thanks

Unfortunately no it does not work like that. What you could do however is take him to small claims court get a judgment against him and then if he still refused to pay file a garnishment with the general contractor for the money owed to the business. A problem you might run into is that your original contract for purchase of flooring may have been with the business not the individual. If this is the case you only be able to collect on assets that the business had. If this is your situation I would sue the business for breach of contract and the individual for fraud.

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Did you have any other questions? If not please don't forget to rate me. 5 stars is appreciated. Thanks!

Andrew
Andrew, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 385
Experience: Attorney
Verified
Andrew and 87 other Consumer Protection Law Specialists are ready to help you
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Customer reply replied 9 months ago
Thank you. I think that answers my question.
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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).

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