How doI collect money paid to a roofer who never did the job he was paid to do?

UPDATED: Dec 16, 2011

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How doI collect money paid to a roofer who never did the job he was paid to do?

I already went to a small claims court and judgement has been passed in my favor.

Asked on December 16, 2011 under Bankruptcy Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Assuming he does not pay voluntarily, you would do the following--note that this description is basd on NJ practice, but other states will have similar processes and mechanisms:

1) Serve an "information subpoena" on him, to find out about assets, income, etc.

2) If he doesn't fill out the information subpoena, you may ask the courts to have him arrested, as a way to make him fill it out--this is a slow process, though, so be patient; it can take months and months.

3) Once you have the information as to his bank account(s), property, equipment he owns, etc.--whether you get it from the information subpoena or otherwise--you can look to possibly:

a) Levy on bank accounts, or take money out of them;

b) Execute on non-real estate property, or have it seized and sold;

c) Put a lien on real property;

d) Garnish income.

A court officer (i.e. a constable or sheriff) will do these things for you.

Other ways to get information include looking at real estate title and tax filings; looking at the back of any cancelled checks, to see what bank he used.

If the roofer was a corporation or limited liability company (LLC), you can probably only sue the company; if it was a sole proprietorship, you can sue the owner personally as well.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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