Awarded a judgement on a contractor. Now what?

Question

I paid a roofer who was recommended to me half ($3,500) up front to replace a roof on a property im brrrring. Next day, he cashed the check and never did the job. Ive gone down every road trying to get the money back and here we are 2 months later and still no roof and no money. The guy has been promising up and down that he will have it soon.

I filed a civil complaint and today was awarded a judgement against him. When I spoke with the courthouse clerk over the phone she said the judgement will go against his credit but that’s really all I can do since he lives in another state (I live close to the border).

This can’t be right???? The guy STOLE my money, is walking around free, AND there’s nothing I can do about it??

Anyone know of another way? I can’t accept the idea of “cut your losses and move on.”

Wayne Brooks · Answer

As @Tom Gimer mentioned, your best/first shot is to record the judgment where he lives, and where he might own any property......and just wait

To collect now, you’d need a garnishment/seizure order as a follow up to the judgment, and find his bank accounts. If he deposited your check, you know at least where he Had a bank account.

Eric M. · Answer

Point taken, but you are factually incorrect.

Here is just one source

And the stat is for RE agents, not Realtors. They are not always the same. I am neither but I would argue that if you were a disreputable RE agent, you wouldn't bother becoming a Realtor.

Jay Hinrichs · Answer

as a lender why would you lump real estate agents into the non trusted bucket you prefer wholesalers  LOL..  those totally ethical folks out to save their clients ?    Most good or successful lenders I know Count on Great agents to bring them business.. it goes hand in hand.. cant be much of a lender if you dont have good real estate brokers feeding you deals.. ??? at least in my experience

Now contractors who nother kettle of fish.

Tom Gimer · Answer

Record the judgment obtained in State A among the land records of the county in which judgment debtor resides in State B. It will become a lien against any of his/its solely-held real estate.

Jason Merchey · Answer

OK, I've been wrong about stuff before.

Jason Merchey · Answer

I think there are a few good Realtors. Meaning ethical, diligent, caring, etc. But there is a reason why Realtors rank below attorneys and used car salespeople when it comes to the public’s perception of trustworthiness. I mean, even priests abuse children and nuns, so I am not saying that Realtors are flawed and all other professions are perfect. And as you say, they can be functionaries which can be vital to the process. I just wish that since they are pledged to be agents - basically fiduciaries - they all took the ethics much more seriously.

Jay Hinrichs · Answer

I once saw a show i think on 60 minutes of these traveling contractors .. some sort of eastern European ethnic group.. that set out from the east coast digs and went across the country doing these scams.

and of course in the areas of the country with big hail damage you have storm cashiers that represent roofing companies. i have been called by many..  big storm goes through and they start cold calling.   And they are very good at what they do.. not saying they are theives but they sure know how to drum up the business..

Jason Merchey · Answer

Freakin' contractors and Realtors, I tell ya. Never trust them until you have sufficient reason to. Always get stuff in writing. Plan to be disappointed. "The longer I live, the less I pay attention to what men say, and more to what they do." ~ Lincoln

Patricia Steiner · Answer

Just a thought...did you call the police?  The roofer committed fraud and conversion - both are criminal offenses.  A pair of handcuffs just might be the motivation he needs to give your money back.  I would also start trying to identify assets for attachment via your judgement. (You might want to see if he has any permits pulled for jobs in your area and see where his roofers go to cash their paychecks.  You can attach a bank account with your judgement).  I'm sorry this happened to you.  Fingers crossed that you'll get this guy - and your money.

Chris C. · Answer

There is actually a criminal law for this in South Carolina.  Not sure about your state.  If you pay a contractor and he never provides any materials then you can call the police and press charges. The problem in if the contractor drops off $5 worth of materials then it no longer applies.  I would look into this in your state.

Awarded a judgement on a contractor. Now what?

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