Collecting Small Claims from Contractor
Our coop experienced an inept roofing contractor a couple of years ago – long story short he tore off the old roofing right before a major downpour and it rained into one of the top floor apartments that night. We filed Small Claims and were awarded damaged, but the problem was the contractor closed out…
Our coop experienced an inept roofing contractor a couple of years ago – long story short he tore off the old roofing right before a major downpour and it rained into one of the top floor apartments that night.
We filed Small Claims and were awarded damaged, but the problem was the contractor closed out his bank account before we were able to collect.
We now need to find his bank/account info so that we can collect the money. We’re trying not to invest much/any money into the process in case it doesn’t pay off. We’ve also used an “information subpoena” to no avail (to their landlord who didn’t collect the registered mail at the post office, and to Con Ed who responded that they’re not a customer).
I posted on Brownstoner a couple of days ago asking if anyone had used them recently in hopes of finding someone who could look at the back of their cancelled check to get the contractors bank info (that’s how we originally got it) but I’ve gotten no responses yet.
The roofer in question is Champion Waterproofing. If anyone knows anything about them, in particular, or has any suggestions into how we could go about collecting from them PLEASE post a response to this topic. Thanks.
Check out http://www.civiltree.com they have great resources on small claims. I recently file mine through them; unpaid security deposit.
Here are a couple of options:
1. You can try contacting an asset search service, which will probably cost about $300 to run a bank account search (maybe more if you want to search for other assets). Once you have that info, you need to execute/enforce the judgment by taking it to the county execution officer (sherrif?), which will seize (levy or place a lien on) the co’s assets. They should be able to tell you exactly what steps to take/forms to fill out to do this.
2. Try getting an information subpoena for the Company’s principals. Go to the NY Dep’t of State website to figure out who are the principals. If they don’t answer the subpoena, you can move for contempt.
3. Don’t waste your time with the DA’s office as they will tell you that you need to follow the proper steps to enforce your CIVIL judgment.
PPS
Everybody will offer to help you for a fee.
Now is not the time to pay because it is christmas time and everybody is broke including professionals.
You don’t have to subsidize anyone now.
Avoid inefficiencies at all cost.
Don/t do it!
PPS
Everybody will offer to help you for a fee.
Now is not the time to pay because it is christmas time and everybody is broke including professionals.
You don’t have to subsidize anyone now.
Avoid inefficiencies at all cost.
Don/t do it!
PS
Put in a complaint with the district attorneys office.
They handle this type of problem because it involves fraud.
Keep it simple and don’t waste any more money.
Call the small claims court ask for the pro se (self representation) department give them your index number and tell them what happened.
There might be another way to approach the problem and solve it..
It might take a while longer but at least your not on the meter with an attorney who will pick your pocket.
Remeber this, if you owe the attorney money, he will sue you.
You still have to pay even if he cannot get your money from the contractor.
Don’t go to a collection agency, either.
It is another nightmare.
Send your coops attorney after them or hire a private detective directly.
I am an attorney and know plenty of others who might be interested in your ripoff.