Issue with local contractor - guidance sought

[ishoot308]

I went through this exact same issue 1 1/2 years ago for some work I needed on my island camp.

I used the power of the internet to resolve it. I put a post up on "Pissed Off Consumer" and made mention of the company name. I stated only actual facts that could be easily backed up. What basically happens then is whenever you google his company name my pissed off consumer post would be right there at the top of the search staring him or anybody who searched for his company name right in the face.

He called, after avoiding me for months and begged me to remove my post said it was seriously hurting his business and a big job he had quoted was now being questioned by the owner who saw my post.

I made him meet me face to face (that was the best part!), he showed up all apologetic with 100% of my deposit money in hand.

One thing, once you make a post on Pissed Off Consumer it's almost impossible to take down so make sure you only state the facts and do not embellish anything!

Honestly, this forum has a lot of power that I think you should use. Many, many people come here looking for contractor recommendations. Not only would you be doing a service to other forum members so no one else is stung by this guy but you also would have the ability to edit your post if it got resolved and give the guy another chance. If I had to do it all over again I would of started here.

Edited to add: As an example if you cut an paste this thread topic title in a google search, "Issue with local contractor - guidance sought" watch what comes up #1 at the top of the search...

Good luck with whatever you decide!

Dan

[Diver1111]

As a rule I strongly prefer to read and not post about topics such as this but the problem described by donmac is without question not hopeless yet and I feel compelled to offer one approach I have used quite successfully. Sometimes you just have to go into the trenches to get justice.

I did some work for a guy who then owed me a sizable sum worth suing for. He refused to pay me so I sued in Small Claims court in Laconia.

- Sue under the NH Consumer Protection statutes covering these affairs including Unfair & Deceptive Practices; These laws also provide for up to triple damages; See NH RSA 358-A:10 for “enhanced damages” and 359-B:16 for “Civil Liability for Willful Non-compliance”; Willful is a KEY word;

- Be certain you have the name of his operation exactly right including the address-if all you have ever seen is the name on his letterhead, use that to name the Defendant; However you still need to go to the Sec. of State’s website for some more info.; It is vital you sue the correct entity;

- Go to the NH Sec. of State website:

https://www.sos.nh.gov/corporate/soskb/csearch.asp

and see HOW this guy is actually doing business by typing in the name of his operation (i.e., how he is held) meaning a C-corp, S-Corp, LLC, Sole Proprietorship etc.; you could be pleasantly surprised to find out he is a Sole Proprietor which then makes him personally liable as opposed to corporate liability only; but even if he is doing business as something other than a Sole Proprietor, the company may have assets to purse;

- Contrary to common belief, Attorney Fees in N.H. can be reimbursed in Small Claims under certain circumstances; See this for some interesting reading:

http://www.courts.state.nh.us/suprem...6/simps045.pdf

- At the Hearing/Trial the guy I sued failed to show up so I won by default; The guy then tried 3 times to complain to the Court that he simply couldn’t make it to Court and asked for another shot at showing up; the Court flatly denied it but I did file a response stating that the Defendant could have in fact shown up (he chose not to), could have had a designated Employee show up (he chose not to), and could have retained a lawyer to show up (he chose not to);

He had 30 days after the ruling to appeal but he had already passed the 30 day mark so his 1st appeal was already in deep trouble;

- This guy then failed to make payments so I filed for a contempt Hearing; the guy failed to show for that Hearing too so a bench warrant for his arrest was issued on the spot; I gave the guy’s home address to the Belknap County Sheriff who then arrested him and off to jail he went; his bail was $500 and after his release the Sheriff sent me the $500; the Sheriff’s Dept. was terrific and easy to do business with; All of a sudden I start getting checks in the mail for various amounts that within about 6 months covered the debt;

- As the guy paid, I still went looking for property to attach using what is called an Ex Parte Attachment; here the Court allows you to seize property the entity you sued has and to do so with no warning to the Defendant; Read more here and at this juncture an Attorney can be priceless to have to help guide this aspect of collection:

http://www.courts.state.nh.us/forms/nhjb-2181-dps.pdf

- With the Attachment order in hand get a copy of the check(s) you wrote and see whose Account it was deposited to; if it is in the name of the entity you are suing all monies in the account will be drained to pay you on the spot or soon thereafter once the Sheriff takes the lead; it is my understanding that the Sheriff will go to the bank with the Attachment order in hand but don’t quote me on this;

- Build a simple website and buy a domain name patterned after something like www.johndoecontractingsucks.com; if he does any business using the web when searches are made the domain you own should come up with the details of your situation; I like the word sucks-do NOT use words such as…”scams” or “steals”-I believe they could be taken for slander or liable; and whatever you post make certain it is 100% factual;

Scammers cannot as a rule, stand the light of day and the Internet is a powerful way to shed light on the problem;

- Keep excellent records and dates of events from start to finish;

Bear in mind that dirtbags like the guy you hired bank on you not pursuing them-it’s highly likely this is not the first time he has stolen money from someone and furthermore he believes he knows the con game better than you and that there really is little or no downside to what he has done. It is your job to change his mind.

When I got through with the guy who stole my money I am confident he thought twice about doing it again to anyone, especially while he was in a jail cell at 11 o’clock at night.

I am NOT an Attorney so this is personal advice not legal advice. However if you are looking for an attorney I will suggest Bill Philpot in Laconia.

I started the Small Claims case myself and saved some money doing so but when I saw the Judgement in my favor I was determined to collect on it so I hired an Attorney.

It is rare indeed I end up in Court but as I said, sometimes these matters have to escalate in order to get justice. I rarely hire an attorney when I am forced into Small Claims Court but Bill’s reasonable fee was clearly worthwhile; here’s another thing I learned-local legal help CAN change how a Court sees you-I couldn’t help but think that because I had actually spent money to hire an Attorney the Judge viewed the merits of my case far more seriously than had I appeared alone. Of this I am convinced. And when technical and not-so-technical arguments of law need to be made in front of a Judge, an Attorney experienced in your specific matter and on your side can be a huge advantage.

Furthermore don’t feel badly at all about driving him into bankruptcy if need be. His legal fees alone to do so will be an incentive to pay you what he owes.

[tis]

Diver, I have had that happen in the past. When we finally reached the contempt of court part, the judge ordered the person arrested and after he was arrested several times, we got all the money he owed. However, the last time I went to court with this last person, the judge told me that we don't have Debtor's prison's anymore and we didn't arrest people who owed money. He said we would come back in 6 months and review the case. Well, this case had been going on for about 5 years and the guy wouldn't even pay as much as $10. a month which he had agreed to. So I wrote a letter to the court and told him (essentially) I was not going to go back to court in 6 months that if he felt someone could buy something and get away with not paying for it then I was wasting both my time and the court's time. The judge did order him to pay $10 a month after those 6 months which the judge hadn't in that past hearing, but of course the guy never paid. So I just dropped the whole thing. I had had enough. I kept spending money to collect money that i was never going to get. So after that last experience I decided to give up on the court system. I felt the judges have become too liberal. Now this WAS a different judge than the first case. And I might add I know both of them personally.

So I am curious if your case happened a long time ago or recently?

[noreast]

Originally Posted by ishoot308

I went through this exact same issue 1 1/2 years ago for some work I needed on my island camp.

I used the power of the internet to resolve it. I put a post up on "Pissed Off Consumer" and made mention of the company name. I stated only actual facts that could be easily backed up. What basically happens then is whenever you google his company name my pissed off consumer post would be right there at the top of the search staring him or anybody who searched for his company name right in the face.

He called, after avoiding me for months and begged me to remove my post said it was seriously hurting his business and a big job he had quoted was now being questioned by the owner who saw my post.

I made him meet me face to face (that was the best part!), he showed up all apologetic with 100% of my deposit money in hand.

One thing, once you make a post on Pissed Off Consumer it's almost impossible to take down so make sure you only state the facts and do not embellish anything!

Honestly, this forum has a lot of power that I think you should use. Many, many people come here looking for contractor recommendations. Not only would you be doing a service to other forum members so no one else is stung by this guy but you also would have the ability to edit your post if it got resolved and give the guy another chance. If I had to do it all over again I would of started here.

Edited to add: As an example if you cut an paste this thread topic title in a google search, "Issue with local contractor - guidance sought" watch what comes up #1 at the top of the search...

Good luck with whatever you decide!

Dan

That's great, Never heard of it. It's hard to read through the BS sometimes, I'm sure most posters aren't as morally conscious with such a series outcome at stake, But what a great tool for consumers If it's not corrupted.

[Diver1111]

TIS it occurred in 2009.