Does anyone have their contact info? The website isnt working.

Or, if anyone can recommend a lawyer...basically I had a contract with someone to put a fence up and today they told me that have no money to do the job...and so when I told them I wanted my deposit back ($2,660) he told me he didnt have it. So...it looks like I've got to go to court...

8/2/2008 10:10:54 AM

why would you pay someone upfront to do a job? you don't prepay for someone to change your oil.

8/2/2008 10:56:33 AM

i paid a deposit....not the full price.

i had several companies give me estimates and they all required a deposit to be put down.

8/2/2008 11:05:47 AM

Getting money back from shady contractors is usually a huge pain in the ass, and there are plenty of them out there. Always always always do research on them and find a reputable one or things like this can happen. Good luck though.

the contact page isn't working, but you can still get these numbers off the bottom of the main page.
Phone: 919.515.7091
Fax: 919.515.6052

[Edited on August 2, 2008 at 11:29 AM. Reason : .]

8/2/2008 11:26:17 AM

I do not know this for a fact, but I have always read on here before that Student Legal would only advise you, not represent you.

If you are considering suing you are may need a lawyer.

8/2/2008 1:33:04 PM

you could always send a certified letter to the guy detailing what happened, explaining what was agreed (did you sign a contract? reference that) and explain that you would like you money back or else you will be pursuing the legal avenue and hiring a lawyer

you could scare the money out of him and save yourself some time and money

i'd contact student legal services, as you already intend to do and send a certified letter (they may even recommend it)

8/2/2008 1:50:59 PM

it wont scare the money out of him.

The only time they will blink an eye is when they get the summons to small claims court. I've been through this multiple times with contractors, it's a REAL fucking pain in the ass

8/2/2008 2:59:54 PM

Yeah sending a letter to a guy with no money is only gonna waste another stamp. The lawyer can go after his assets. (hopefully)

8/2/2008 3:10:07 PM

damn, this sucks...i remember your fence thread also...i'd still talk to student legal services anyways, just cause its free and can't hurt

8/2/2008 5:23:03 PM

^ ya...what sucks most is that i went with a company that had good reviews and was recommended to me by a couple people. then....mid-july reviews that werent so great started showing up. and ya, i got screwed.

8/2/2008 6:40:34 PM

well hopefully you can take the to small claims court...i would literally go insane if i lost that much money

you doing anything tonight btw?

8/2/2008 6:44:43 PM

j/k...bttt to get thread on track

[Edited on August 2, 2008 at 8:55 PM. Reason : .]

8/2/2008 8:54:59 PM

Student legal will only advise you. I used them once and they gave me a few lawyer recommendations, one of which I went with. Legal services were helpful but didn't really do much more for me than the yellow pages probably would have.

8/4/2008 7:07:10 PM

this is a small claims case. go file the necessary paperwork, take your contract or w/e written agreement you had showing the deposit you made and the check that cleared your account blah blah blah and have him served. the court will award in your favor and you'll be good to go.

8/5/2008 8:43:38 AM

IVe never used small claims. Say a judge finds in your favor and says you are entitled to money. How do you get the person to pay if they dont have money?

8/6/2008 11:37:18 AM

if they claim they have no assets and actually have none, then you're screwed. a judgement is entered against them for the amount you owe and if assets come up then they're supposed to pay you or make payments to the clerk to release the judgement. in some cases, the court could require them to liquidate assets to pay off said judgement but you'd then need proof of the assets and blah blah blah fmv of the assets, it's all a pain in the ass.

what's said contractor's name? i can find out what he's got

8/6/2008 11:51:30 AM

^^ IIRC, if they find in your favor, the defendant then owes the COURT the awarded money and (if it's so decided, which it usually is) court costs...they money must be paid to the court and then the court turns around and gives you the money (that way, they make sure it happens)

if the person doesn't pay, there's an outstanding warrant (not an arrest warrant, but something similar, i think) that is public record and that will show up whenever a bank or financial institution does a check on them

since it's small claims, i'm pretty sure they won't try to arrest you, but their credit is hurt significantly over a pretty short period of time, and it doesn't go away (and if you pay late, the damage to your credit is not reversed)...technically, the plaintiff may never get their money, but the person who owes it will be seriously damaged credit-wise

[Edited on August 6, 2008 at 11:52 AM. Reason : i was close]

8/6/2008 11:51:32 AM

Quote :

"Student legal will only advise you. "

They'll also write letters on your behalf and help you file paperwork.

They might even help you in court, they just can't represent you against the government; i.e. a traffic ticket.

8/6/2008 11:59:38 AM

They should be able to represent you in court, at their discretion, so long as you aren't litigating against the state or a state agency.

8/6/2008 1:06:28 PM

update: legal services is going to write a formal letter to the company telling them to pay by a week from today or they'll be taken to court. if he doesnt give me my money, then the student lawyer will do all the paperwork and can go to court with me if need be.


as far as assets, i know he's got a pretty new big ass truck that he rolled up in to give me the estimate. and im sure he claims it as part of his business. so...i wouldnt hesitate to take that damn thing to get my money back.

8/6/2008 8:04:48 PM

Good luck, let us know what student legal ends up doing for you; and how everything works out.

8/6/2008 10:49:19 PM

Call Pam she is great.

Pam Gerace
Student Government-Student Legal Services
Director
Talley Student Center 4128, Box 7306
NCSU Campus
Raliegh, NC 27695
Phone: 919-515-7091
Fax: 919-515-6052
EMail: pam_gerace@ncsu.edu

The best thing to do is meet with her. I think they will represent you, but in small claims court you do not have to a lawyer. She can also send letters on your behalf and help you get everything filed. She can answer all questions about hiring a lawyer and who pays.

You could also call 5 on your side:

http://www.wral.com/5onyourside/consumer_complaints/page/1001542/

Let them know you are college student.

8/7/2008 11:58:52 PM

Agreed. Pam Gerace is a legend. I cannot describe how helpful this woman is.

8/8/2008 6:17:31 AM

legal services FTW.

Most of what lawyers are good for is not direct suing anyway, just the steps to get the legal process going and scare the money out of the guy.

8/8/2008 8:25:27 AM