got screwed

[kulas44]

I posted a few months back about my carpenter that was paid up front for work on my boat ($9000). He can't do the work and can't return the money. Do I have any legal (maritime) case against him. I can pursue this in court but am not familiar with this as it relates to maritime law. He is in breach of contract now, according to texas state law, but I am not allowed recovery of attorneys fees. As always, your advice is much appreciated (and yes I will continue to trust people, honor is not dead)

[Gary E]

Send a e-mail to Richard Alderman.. he will know what you can and cant do...

http://www.law.uh.edu/peopleslawyer/

[Dale R. Hamilton]

Kulas- why can't you just take the man to small claims court? I did this once (in Florida) and I found the process to be very manageable without an attourney. Assume of course that you have some sort of paperwork between you and carpenteer.

[ssor]

Kulas, on rare occassions I must go to small claims court (in Maryland called district court) and ask a judge to compell someone to pay for services rendered. The clerks are always helpful, the cost to file and serve by certified mail is less than fifty dollars. Usually I can get an affidavit judgement. Meaning that I swear that work was performed as per the contract and the home owner has failed to make payment. the homeowner has the right of rebuttle and may retain legal counsel, but he must respond or the judgement is granted by default.The judgement grants me the right to collect the debt by any legal means, (seezing property, attaching payroll, etc.)

[chucksw]

Bring him before the admiralty court and then have him whipped and keel-hauled. Just kidding. Small claims probably your best bet. If he is state licensed contractor, then you can tell him your going to file a complaint with the state or county which could result in him losing his contractor license. Sometimes that will get their attention and put them in a more negotiating frame of mind.

[joejapan]

Kulas44, my former neighbor had exactly the same thing happen to her. It took me months to talk her into taking him to small claims court 'cause he was broke and didn't have anything to get.

She got a judgement by default(he never showed)and, after a few years, was gonna' drop it and not renew the judgement 'cause she hadn't gotten any money. Several people begged her to go ahead and pay the fees, which she finally did.

Then, the lucky bastard won a bundle of money with a scratch off lottery and, after getting drunk and bragging about it, went and bought a brand new, cherry red, corvette convertible !

Guess what my former neighbor is driving !

[Wes Kisting]

Not sure I understand all the particulars of your case (are you out the full $9000?), but before you go to small claims check to see what the maximum allowable judgment is for small claims in the state where your case would be settled (Texas, is it?). Many states only allow maximum judgments of, say, $5000 in small claims court, so if you're trying to get reimbursed the full $9000, you may need to appeal to a higher court. (Maybe you know this already, but thought I would point it out just in case).