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Question: How to collect after a judgement if person skips town?

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   posted: Mar. 4, 2008 @ 4:02p
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I looked over the FAQ and read the disputes/collections threads, but am finding no answers.

Situation:
We paid a painter $800 as a down payment to paint our house. He took our check, cashed it and never came back. In a busy suburban, down payments to a single owner of a business is pretty common (all of our quotes included a down payment). We have a signed contract and a copy of that check and took it to small claims court. They guy never showed up so I won the case by default. This guy is licensed and bonded, his bond company said they'd only pay up if I took it to Superior Court. It's a $200 fee to do that and although a lawyer isn't required, I'd be held to the same standards if I used Superior Court.

His license and bond were suspended and the state accidentally sent his social security number to me with the paperwork (they whited it out.... not hard to see what was hidden).

I've moved to the other side of the state and this scammer has skipped town without leaving a forwarding address. Should I hire a collections agency? What can I do to collect what he owes me? I would love any advice.

Thanks in advance.

   posted: Mar. 4, 2008 @ 4:02p

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rated:
   posted: Mar. 4, 2008 @ 4:25p
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larryandsonja said:I looked over the FAQ and read the disputes/collections threads, but am finding no answers.

Situation:
We paid a painter $800 as a down payment to paint our house. He took our check, cashed it and never came back. In a busy suburban, down payments to a single owner of a business is pretty common (all of our quotes included a down payment). We have a signed contract and a copy of that check and took it to small claims court. They guy never showed up so I won the case by default. This guy is licensed and bonded, his bond company said they'd only pay up if I took it to Superior Court. It's a $200 fee to do that and although a lawyer isn't required, I'd be held to the same standards if I used Superior Court.

His license and bond were suspended and the state accidentally sent his social security number to me with the paperwork (they whited it out.... not hard to see what was hidden).

I've moved to the other side of the state and this scammer has skipped town without leaving a forwarding address. Should I hire a collections agency? What can I do to collect what he owes me? I would love any advice.

Thanks in advance.
Sic Dog on 'em!

rated:
   posted: Mar. 4, 2008 @ 4:27p
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If he cashed your check, you probably have his bank a/c from the cancelled check. Can you have his bank garnish that a/c based on the judgement?

rated:
   posted: Mar. 4, 2008 @ 5:11p
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He cashed the check at my bank. There's no trace. He did leave his address and phone number on there... right before he changed it.

rated:
   posted: Mar. 4, 2008 @ 5:24p
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You have his name and SS# you could create some problems for him. Accidentally post it in some contractor complaint forums. Could you 1099 him for the total which was going to be paid for the job?

Not that any of those things are the "right" thing to do, but... mistakes do happen.

~miser

rated:
   posted: Mar. 4, 2008 @ 5:39p
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send mail to his last known address and write clearly on the envelope:

"DO NOT FORWARD. ADDRESS CORRECTION REQUESTED."

that's step 1.

rated:
   posted: Mar. 4, 2008 @ 6:14p
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Take it as an $800 lesson on doing a reference check. Is $800 really worth your time that you have to put in to get the money back?

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   posted: Mar. 4, 2008 @ 7:01p
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dmlavigne1 said:Take it as an $800 lesson on doing a reference check. Is $800 really worth your time that you have to put in to get the money back?

I did a reference check, I checked out his bond and license, I saw his previous work... what else could I do? I didn't just hand the guy money without checking him out.

I actually sued and won the difference of what I had to pay a new painter. So I actually won $1400. I could take him to court for 3 times the amount per the Consumer Protection Act in WA State plus any extra court fees. Essentially, I could drain the $6000 from his bond. I don't have a regular job, my husband works so I don't know what my time is worth. I do know that guys like this should NOT get away with it. So to answer that last question, yes, it is worth my time.

rated:
   posted: Mar. 4, 2008 @ 7:10p
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ArbolLoco said:send mail to his last known address and write clearly on the envelope:

"DO NOT FORWARD. ADDRESS CORRECTION REQUESTED."

that's step 1.

I sent a letter and put on there clearly, "forwarding service requested" and got it back in the mail. It said "moved left no address, unable to forward, return to sender" on the yellow usps sticker. Would using the quote above make a difference?

rated:
   posted: Mar. 4, 2008 @ 7:39p
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You have his name and SS#. Perhaps it's time to play some A0R! To each his own.

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   posted: Mar. 4, 2008 @ 8:00p
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reminice said:You have his name and SS#. Perhaps it's time to play some A0R! To each his own.

If only he hadn't declared bankruptcy 2 years ago, I'd seriously consider it.

rated:
   posted: Mar. 4, 2008 @ 8:23p
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Don't send him a 1099. If you do that you are relinquishing your rights to collect on the debt.

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   posted: Mar. 5, 2008 @ 12:13a
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Is it possible to intercept his tax refund by contacting the IRS about this? Or report him for not paying taxes on the theft?

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   posted: Mar. 5, 2008 @ 2:05a
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sounds like a job for Mona "The Hammer" Shaw

rated:
   posted: Mar. 5, 2008 @ 5:11a
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larryandsonja said:This guy is licensed and bonded, his bond company said they'd only pay up if I took it to Superior Court. It's a $200 fee to do that and although a lawyer isn't required, I'd be held to the same standards if I used Superior Court
Sue the bonds company in small claims, naming the company as defendant.
Make them ask to move venue.

rated:
   posted: Mar. 5, 2008 @ 6:57a
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Can the bonding company unilaterally decide they don't have to pay unless you take it to Superior Court? Like DeGlass said, I'd go after the bonding company.

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   posted: Mar. 5, 2008 @ 7:15a
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kranky said:Can the bonding company unilaterally decide they don't have to pay unless you take it to Superior Court? Like DeGlass said, I'd go after the bonding company.I agree. I never heard about a bonding company getting a free pass on small claims court cases. I'd suggest getting a consultation with a lawyer (usually, you can get one consultation for free) and ask if suing the bonding company in small claims court -- or perhaps reporting them to your state's insurance commissioner -- is the route to go.

rated:
   posted: Mar. 5, 2008 @ 8:15a
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Why not sue for the whole $6k if you can, and then collect from the Bond company? That'd be worth $200 and whatever reasonable amount of time you'd have to put in.

rated:
   posted: Mar. 5, 2008 @ 8:36a
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It's a long shot but since you have plenty of time, file a police report for theft. See if the police have any info on where this guy is.

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