Hey all! We should rename this section of the forum: Dr.F's spiral into a shooting spree! Anyways, some new developments in my legal woes, which produce new questions.
So i sued a dude, won, and he refused to pay. My idiot lawyer refused to actually do his job and file for the body attachment, so i had to do it myself (and file a grievance!). i just tried to serve him with the information (not the actual warrant), and he has vacated his home, and is nowhere to be found. I tried to serve his lawyer with the papers, but that guy is a colossal scumbag as well, and refused to admit he even represented the defendant, let alone take service for him. I also think he might be retarded, because the lawyer asked what i expected to do, arrest him (meaning the lawyer)? Anyways, i sent the paperwork on to the court, with the letter from the service company saying the address was vacant. Hopefully the court will grant it. have i pretty much exhausted all avenues here? if the warrant goes through, do i just hope he gets pulled over?
I'm also suing (in small claims court) the guy who bought the property next to me because he opened up the adjoining wall (of our townhouses) and water poured down it into my house/walls/basement. he also broke my fence and allowed 2 other water leaks into my house. He offered to fix the damage himself (well, his mexican crew), but they did shit work. My baseboards where he "fixed" it, are all warped, and they got drywall mud all over the baseboards as well as the outlets (like, in the plug holes). one of the leaks happened while he was "fixing" stuff as well, so i basically kicked his crew out and said no work until the water stops. Finally, i got tired of waiting and said look: here's an estimate for the damage, pay me this money and never darken my doorstep again. I've got pictures of the terrible state he left his property in, the clear damage to my fence, and pictures of the water damage streaming down the walls (there's discoloration all over the bricks still even). The city came in and basically found him responsible for the water damage, and i have record of that as well. I'm thinking i have a pretty clear case, and i don't want to hire a lawyer. i'd probably spend about 2k on them alone, and i'm only asking for $3.3k which is the cost of the repairs, plus my hourly pay rate (based on my salary) for the 2 days i had to sit and babysit his crew. does it sound like i've got a case? or are there any holes i should cover? I've never been to actual court where the defendant shows up, but i have seen a lot of judge judy!
Also, this guy apparently has "connections" in the city housing office, because i've been making lots of complaints on violations in his property (there is more debris, the site isn't secured, etc etc) and nothing seems to happen. also, a contractor down the street, from whom my neighbor has been stealing power, said he's fine with the power stealing, because this guy can make life very hard for him if he wanted to. I'm hoping, once we get into a court, the judge wont give a shit who he knows in housing, and will drop the hammer on him. i dunno, more than likely this guy is in the philly mafia or something, and i'm going to get whacked.
Posts
Get your bank and insurance company involved. Basically anyone who insures your property or holds a lien on it should be involved in suing this guy. Suddenly knowing people in the county office doesn't mean shit. You should've gotten them involved at the get go, the insurance company basically has lawyers on retainer to waste people's time and money when they do shit like this.
I can't speak for your State, but in Oregon almost all small claims cases are handled without lawyers.
And I agree with bowen & badpoet, get your insurance company involved.
Am i still able to get them involved? or is the fact that i'm about to file in small claims court going to kill whatever claim i have? should i just call them and ask? my last experience with my homeowners insurance was a bit hostile, they basically told me it was a pre-existing problem, and i was SOL. (i realize that is retarded now, but i was young and dumb then)
and this is why you have insurance. If all this is true I dont see how your premiums are going to go up. This damage was not caused by you. Often your insurance company will handle the lawyerin stuff for you.
Unless you are in a flood zone, then it might get a bit tricky.
No, you should still be able to file the claim. Call your insurance company today, explain the situation, and see what they say.
On the same token, with a little help from a private eye, you can probably overcome those obstacles, but then the question is, how much do you want to pay the collection attorney and private eye to track this guy (or his money) down?
You gotta think outside the box too, don't just think about attaching a bank account, you can also seize his mail, attach his paychecks, have a constable/sheriff find him and physically arrest him. All sorts of fun things. Of course these things are a pain to get a court to agree to them, hence the reason a collection attorney might help.
FWIW: I know a collection attorney licensed in MA and NH who can help you, if you live in either of those states...