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Small Claims Court?

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GeographyAg
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2:46p, 8/17/22
AG
Has anyone successfully sued a contractor in small claims court?

I hired a guy to build a fence on some rural property in CS. He started the job, but then disappeared and is ghosting me.

I stupidly paid him for the supplies he needed, but he definitely didn't buy enough, so I'm left with a started job and a few supplies.

He wasn't a CS local. When I hired him he lived in the Georgetown area, but I think he's moved to Belton.

The worst part of this is probably that I don't really have good contact info for him. He's moved and has changed phone numbers. I think I still have one that works, and I can see his Facebook page and a business page on Thumbtack. I don't have a driver's license number.

I hired him through Thumbtack under a different business name and contacted them for help, which is how I got some of the work out of him, but now he's dba under a different name, so I don't know what to do next.

I think I should file a claim in small claims court, but I've never done that so I don't know quite what all is involved.

Any advice would be appreciated.
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dallasiteinsa02
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2:58p, 8/17/22
Doesn't help but my brother in law hired someone to build a fence in Dallas. He ran off with the deposit. My brother in law called him and he said the money is gone. If he calls him again, he will turn the matter over to his friends to deal with him. He dropped it.

I think you are going to be out the money. Even if you had good contact information the best you are going to win is a judgement against him within nothing to attach it to.
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Martin Q. Blank
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3:17p, 8/17/22
At the very least you will need an address for the sheriff to serve him. Then a contract to show the judge. Then you'll win a judgment, but no way to collect since most property is exempt from collection in Texas. Unless the guy owns a home and you can put a lien on it for when he eventually sells.
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P.H. Dexippus
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3:24p, 8/17/22
AG
Dallasite is correct. Unless the guy is bonded or has insurance, collecting on a judgment is likely futile. Then again, you might not know if he's bonded/insured until you file suit and serve him. It's also a cost/benefit analysis. If you're out $20k and are retired with time on your hands, it may be worth the effort. If you're out $1k and gainfully employed, it's probably not worth the hassle factor/value of your time.
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Jason_Roofer
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3:30p, 8/17/22
I think you are going to spend more resources getting this done and the payoff will not be worth it. You may have to chick this up to an unfortunate learning experience. I see this nearly every week from trusting homeonwers that got hosed from some deadbeat. It sucks and it shouldn't be a thing, but it is.

My opinion is very unpopular for smaller contractors, but unless you know your contractor and have a heavy track record of success, never pay them a dime until the work is finished. If you MUST pay them, make it in tiny milestone amounts. Not half down. 10% when x is complete. 10% when y is finished. Etc. GET A CONTRACT. Check reviews online. If they don't have an online presence, I'd be cautious.

We don't require money up front. It doesn't matter if it's a 7,000 dollar asphalt roof, or a 400,000 tile roof. Same with paint, trim, gutters, etc. We cover it until it's finished. With experience and success comes the benefit of bankrolling these things and not putting that risk on a customer. That's said, there are a lot of small companies that simply don't have that capability but are totally legit. Again, check references, don't use the lowest bidder, and make sure you know what your working with. Poll your neighbors. Find out how long they've been in business. Do they have insurance? Get a solid contract.
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tgivaughn
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3:49p, 8/17/22
AG
Never had success with attorneys unless a larger matter, I understand from others.
I would think the sheriff would refer you to the county district attorney to deal with him.
Failing that, THEN you might pursue him through his new county DA
THEN start posting reviews with BBB & other places on line he shows his face ... what others should have done so you'd have a heads-up earlier.
Ten words or less ... a goal unattainable
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Josepi
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3:58p, 8/17/22
AG
I have sued a contractor in small claims court and won. I won because he never showed up, and I had lots of documentation, but even so, it was easy. This was a few years ago, but I think it cost $75 to file where I live.

Just document everything. Timelines, pictures, etc.....
It sounds like you likely won't need it as you will win by default, but IMO it's good to prepare anyways.

Earlier posters are right in that you will likely never see a dime. I have not, However, I did put a lien on the guys house, so in theory, when he tries to sell it, I will get paid someday. I love the idea that he has likely forgotten about me, but 10 years from now when he goes to sell that house, he's going to be super pissed. Revenge is best served cold.
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ABATTBQ11
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4:15p, 8/17/22
AG
Drop it. Stop contacting him for awhile. Find him. Burn his vehicle. Even Stephens.
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ABATTBQ11
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In reply to Josepi • 4:16p, 8/17/22
AG
You need to remember to renew the lien. I think it's every 10 years or so, but check with your local laws.
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Stat Monitor Repairman
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5:00p, 8/17/22
Whats the value of the claim?
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EMY92
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5:34p, 8/17/22
AG
You might try calling the sheriff since the guy stole from you.
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Martin Cash
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In reply to EMY92 • 6:37p, 8/17/22
AG
EMY92 said:
You might try calling the sheriff since the guy stole from you.
Most LE and DA's won't touch this. Civil matter for breach of contract, not theft.
The heart of the wise inclines to the right, but the heart of the fool to the left. Ecclesiastes 10:2
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PincheDriller
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7:02p, 8/17/22
AG
Did you inquire with thumbtack about their guarantee?
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GeographyAg
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In reply to Josepi • 9:46p, 8/17/22
AG
Josepi said:
I have sued a contractor in small claims court and won. I won because he never showed up, and I had lots of documentation, but even so, it was easy. This was a few years ago, but I think it cost $75 to file where I live.

Just document everything. Timelines, pictures, etc.....
It sounds like you likely won't need it as you will win by default, but IMO it's good to prepare anyways.

Earlier posters are right in that you will likely never see a dime. I have not, However, I did put a lien on the guys house, so in theory, when he tries to sell it, I will get paid someday. I love the idea that he has likely forgotten about me, but 10 years from now when he goes to sell that house, he's going to be super pissed. Revenge is best served cold.
I have everything documented and I have the original contract, but I think everyone is right when they say it's useless and a waste of time.

I'm glad you got a lien on the guy. I wish I could do it, but I just don't know if it's worth the trouble.
If I’m posting, it’s actually Mrs GeographyAg.
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GeographyAg
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In reply to ABATTBQ11 • 9:47p, 8/17/22
AG
ABATTBQ11 said:
Drop it. Stop contacting him for awhile. Find him. Burn his vehicle. Even Stephens.
I'll keep that in my back pocket as a future plan.
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GeographyAg
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In reply to Jason_Roofer • 9:51p, 8/17/22
AG
Jason_InfinityRoofer said:
I think you are going to spend more resources getting this done and the payoff will not be worth it. You may have to chick this up to an unfortunate learning experience. I see this nearly every week from trusting homeonwers that got hosed from some deadbeat. It sucks and it shouldn't be a thing, but it is.

My opinion is very unpopular for smaller contractors, but unless you know your contractor and have a heavy track record of success, never pay them a dime until the work is finished. If you MUST pay them, make it in tiny milestone amounts. Not half down. 10% when x is complete. 10% when y is finished. Etc. GET A CONTRACT. Check reviews online. If they don't have an online presence, I'd be cautious.

We don't require money up front. It doesn't matter if it's a 7,000 dollar asphalt roof, or a 400,000 tile roof. Same with paint, trim, gutters, etc. We cover it until it's finished. With experience and success comes the benefit of bankrolling these things and not putting that risk on a customer. That's said, there are a lot of small companies that simply don't have that capability but are totally legit. Again, check references, don't use the lowest bidder, and make sure you know what your working with. Poll your neighbors. Find out how long they've been in business. Do they have insurance? Get a solid contract.
I thought I was doing my due diligence. I checked references on Thumbtack and hoped they were legit, but in the last couple of years I've seen several posts from others on yelp and google review that are bad. He's stolen from others, too.

I'll never give upfront money again. I'll buy the supplies myself if I have to.
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GeographyAg
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In reply to PincheDriller • 9:53p, 8/17/22
AG
PincheDriller said:
Did you inquire with thumbtack about their guarantee?
Yes, but the amount is more than they cover.

Their pressure did get him to do some of the work, but he quit again and now can't be reached.

I do think I'll try to get his second thumbtack business page shut down. I got the first one shut down, but he opened a new one.
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Jason_Roofer
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In reply to GeographyAg • 10:29p, 8/17/22
I found during covid that a couple of my reliable tradesmen got flaky and difficult to get a hold of. I heard this from a lot of people.

This fella sounds like be is running check to check. Your check helped pay for someone else's materials and someone else's for yours. He's running a hairline margin so he can win jobs and keep this Ponzi scheme going. The only thing these guys understand losing money and the best way to do that is what you've done so far which is keep those pages dying.

Otherwise, surely there are some young, resourceful Ags that maybe could set up a couple of appointments for bidding contracts with this fella. Finding him is half the battle. How you're going to extract the money on the spot, I don't know, but I'd sure hate knowing any new person calling me for "bids" was potentially Marcellus Wallace.
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GeographyAg
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In reply to Jason_Roofer • 9:02a, 8/18/22
AG
Jason_InfinityRoofer said:
I found during covid that a couple of my reliable tradesmen got flaky and difficult to get a hold of. I heard this from a lot of people.

This fella sounds like be is running check to check. Your check helped pay for someone else's materials and someone else's for yours. He's running a hairline margin so he can win jobs and keep this Ponzi scheme going. The only thing these guys understand losing money and the best way to do that is what you've done so far which is keep those pages dying.
That's exactly what he was doing. He admitted it to me when I called him on it. I'll keep trying to kill his business. I hate to see other people fall victim to his thievery.

Quote:
Otherwise, surely there are some young, resourceful Ags that maybe could set up a couple of appointments for bidding contracts with this fella. Finding him is half the battle. How you're going to extract the money on the spot, I don't know, but I'd sure hate knowing any new person calling me for "bids" was potentially Marcellus Wallace.
I'd love it if I could find someone to trick him into meeting somewhere. If they could somehow get his Driver's License number or current address I could at least go forward with a small claim.

The address on the contract I know is no longer valid. I have one possible phone number (unless he's recently changed it, it works) and I have his Facebook and new Thumbtack pages, but that's about it.

I'm fine to walk away and let it go, but I hate to let him get away with it and go on hurting other people, too.
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BrazosDog02
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In reply to GeographyAg • 12:24p, 8/18/22
AG
There is a PI on the OB. many have used him for various things. Might be worth reaching out to him and see what the costs are. He can find the guy and at least get you some info.
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Dr. Doctor
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5:21p, 8/18/22
AG
I did not sue a contractor, but I did sue a music promoter for not paying me. In Harris County, it cost me about $300 total, mostly because I sued him (not the company) the first time and had to withdraw my lawsuit.

Won the 2nd time and did get paid at the courthouse. If not, I did have a check he paid with me before, so I could have gotten a sheriff to go and get money from the bank (total time was about 6 months).

But it was a pain, as I was in school at the time. But I wanted to sue and win to get the 20 other guys who didn't get paid a path to victory.

~egon
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Ryan the Temp
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6:26p, 8/18/22
AG
Fun fact: A JP I know told me if you win a lawsuit in Small Claims or Justice Court, you can ask the JP to order to defendant to surrender all cash they have on their person immediately to help satisfy the judgment.
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Martin Cash
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In reply to Ryan the Temp • 6:52p, 8/18/22
AG
Ryan the Temp said:
Fun fact: A JP I know told me if you win a lawsuit in Small Claims or Justice Court, you can ask the JP to order to defendant to surrender all cash they have on their person immediately to help satisfy the judgment.
He is dead wrong. Does he know what an appeal is? He won't be s JP long if he keeps doing that.
The heart of the wise inclines to the right, but the heart of the fool to the left. Ecclesiastes 10:2
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Jason_Roofer
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In reply to Martin Cash • 11:04p, 8/18/22
Martin Cash said:
Ryan the Temp said:
Fun fact: A JP I know told me if you win a lawsuit in Small Claims or Justice Court, you can ask the JP to order to defendant to surrender all cash they have on their person immediately to help satisfy the judgment.
He is dead wrong. Does he know what an appeal is? He won't be s JP long if he keeps doing that.


You have to wait until you get outside to fulfill the judgment.

Also, user name checks out.
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Ryan the Temp
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In reply to Martin Cash • 11:14p, 8/18/22
AG
He was a JP for 23 years. But then again, there is no requirement for JPs to actually know anything about the law to hold the position.
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Apache
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7:56a, 8/19/22
AG
Quote:
We don't require money up front. It doesn't matter if it's a 7,000 dollar asphalt roof, or a 400,000 tile roof
Dude, this is insane. You need to be getting something up front or at least for materials when you roll up to the job.

Case(s) in point: I used to roll this way. Then I did a 25K job with a quick turnaround. Finished the job & the customer died. Took me 3 months to get paid.

Did some work on a referral for a developer. Handshake deal & "We'll have a check for you when you're done!" 65K worth of work, job is done & developer happens to be in Hawaii for 2 weeks. Can't get hold of him for another week. We meet at jobsite & I'm thinking I'm getting check... nope. He wanted us to fix a few things.... ok DONE. "Check will be in the mail, I'm heading out of town again no time to meet."
No check, another 2 weeks go by. I send demand letters threatening lawsuit by X date.

Next to last day he calls me to pick up a check at his umpteen million dollar house in Barton Creek.

Don't trust anyone. Get some money up front. I know you can't do that with commercial contracts, but we immediately put liens on jobs when we finish. It lets the general know you aren't one to be f'd with.
If you do good work & are up-front with the GC you can get away with it.
If the crap hits the fan, you have your lien already & you're first in line to get paid while the others are scrambling.


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dallasiteinsa02
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In reply to Apache • 8:01a, 8/19/22
Apache said:
Quote:
We don't require money up front. It doesn't matter if it's a 7,000 dollar asphalt roof, or a 400,000 tile roof
Dude, this is insane. You need to be getting something up front or at least for materials when you roll up to the job.

Case(s) in point: I used to roll this way. Then I did a 25K job with a quick turnaround. Finished the job & the customer died. Took me 3 months to get paid.

Did some work on a referral for a developer. Handshake deal & "We'll have a check for you when you're done!" 65K worth of work, job is done & developer happens to be in Hawaii for 2 weeks. Can't get hold of him for another week. We meet at jobsite & I'm thinking I'm getting check... nope. He wanted us to fix a few things.... ok DONE. "Check will be in the mail, I'm heading out of town again no time to meet."
No check, another 2 weeks go by. I send demand letters threatening lawsuit by X date.

Next to last day he calls me to pick up a check at his umpteen million dollar house in Barton Creek.

Don't trust anyone. Get some money up front. I know you can't do that with commercial contracts, but we immediately put liens on jobs when we finish. It lets the general know you aren't one to be f'd with.
If you do good work & are up-front with the GC you can get away with it.
If the crap hits the fan, you have your lien already & you're first in line to get paid while the others are scrambling.



Were his initials BO?
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Apache
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In reply to dallasiteinsa02 • 8:06a, 8/19/22
AG
Quote:
Were his initials BO?

No for both of them.
Developer has passed away now as well.
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OlRock
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2:02p, 8/19/22
AG
Try to pay with credit card so you can dispute the charge
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Vernada
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In reply to ABATTBQ11 • 2:19p, 8/19/22
AG
ABATTBQ11 said:
Drop it. Stop contacting him for awhile. Find him. Burn his vehicle. Even Stephens.
go tear down his fence!
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bobbunker
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4:04p, 8/19/22
Man, this sucks. I've prepaid a lot of independents over the years, and I've been mostly fortunate. We did a big backyard remodel and I was stuck with a lien by one of the subcontractors. Contractor didn't pay a local lumber yard. It cost me a few thousand to clear that up. That was a big ticket job so not ideal but that is fine.

If you want to file a lien, you don't need an attorney just draft it and have it recorded. i know it sounds easy for me to say, but consider it cash under the bridge and move on.
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The Fife
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In reply to GeographyAg • 8:37a, 8/23/22
GeographyAg said:
I hired him through Thumbtack under a different business name and contacted them for help, which is how I got some of the work out of him, but now he's dba under a different name, so I don't know what to do next.
For future reference I know of so many people who have ran into problems finding people on Thumbtack. It sounds sketchier than Craigslist, I'd stay far away from that site!
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GeographyAg
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In reply to The Fife • 3:12p, 8/23/22
AG
The Fife said:
GeographyAg said:
I hired him through Thumbtack under a different business name and contacted them for help, which is how I got some of the work out of him, but now he's dba under a different name, so I don't know what to do next.
For future reference I know of so many people who have ran into problems finding people on Thumbtack. It sounds sketchier than Craigslist, I'd stay far away from that site!
Yeah. I don't recommend them at all.
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Dr. Venkman
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In reply to Josepi • 10:35a, 12/30/24
AG
Josepi said:
I have sued a contractor in small claims court and won. I won because he never showed up, and I had lots of documentation, but even so, it was easy. This was a few years ago, but I think it cost $75 to file where I live.

Just document everything. Timelines, pictures, etc.....
It sounds like you likely won't need it as you will win by default, but IMO it's good to prepare anyways.

Earlier posters are right in that you will likely never see a dime. I have not, However, I did put a lien on the guys house, so in theory, when he tries to sell it, I will get paid someday. I love the idea that he has likely forgotten about me, but 10 years from now when he goes to sell that house, he's going to be super pissed. Revenge is best served cold.
Did this change? Everything I'm reading says even the proceeds of the sale are exempt for your homestead.
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rancher1953
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8:34p, 12/30/24
Go to the local law enforcement or sheriff's office, make a report and tell them you want to file THEFT BY DECEPTION. Then step to the d.a. office and tell him what you want. Unless you have a lazy investigator or woke DA most will take the case or the DA will send a letter to the person telling him he is about to get charged unless he makes things right. This may be an ongoing pattern by this person that locals know about.
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