Consumer Law, Warranties Home Improvement Gone Wrong

[darren212]

I paid a local contractor for home improvement services in full. The contractor failed to finish the work they was paid for. My lawyer has filed suit against the contractor (and many other lawyers have in the past) and my lawyer is about to be awarded a default judgment. This is where it get's interesting, from a legal prospective.

This contractor is married and has set up a 'trust' for his business and has listed his wife in charge of the 'trust'. That said, this contractor was sued before for pretty much the same thing that I am suing him for. Researching past court dockets from those lawsuits I've learned that a judge presiding over one of those lawsuits ruled that a debtors exam could not be held for this contractors wife stating that (the wife has nothing to do with the lawsuit).

The question remains, if a contractor places all his assets into a trust that his wife manages then wouldn't it be true that this contractor as a result is 'uncollectable'?.
If that contractor if sued has no assets under his direct possession (he has placed all his assets into this trust ran by his wife) then he truly is, uncollectable. Correct?.

How do you get around this??...

 

[army judge]

I paid a local contractor for home improvement services in full. The contractor failed to finish the work they was paid for. My lawyer has filed suit against the contractor (and many other lawyers have in the past) and my lawyer is about to be awarded a default judgment. This is where it get's interesting, from a legal prospective.

This contractor is married and has set up a 'trust' for his business and has listed his wife in charge of the 'trust'. That said, this contractor was sued before for pretty much the same thing that I am suing him for. Researching past court dockets from those lawsuits I've learned that a judge presiding over one of those lawsuits ruled that a debtors exam could not be held for this contractors wife stating that (the wife has nothing to do with the lawsuit).

The question remains, if a contractor places all his assets into a trust that his wife manages then wouldn't it be true that this contractor as a result is 'uncollectable'?.
If that contractor if sued has no assets under his direct possession (he has placed all his assets into this trust ran by his wife) then he truly is, uncollectable. Correct?.

How do you get around this??...

You can't get around it.

Many people place their assets in to be held in trusts (or blind trusts).

As a result of doing this properly, they are what the law calls bullet proof defendants.

In essence, you have a judgment, that often is unenforceable.

However, there are ways to attach certain assets.

That's why YOU hired a lawyer.

Let the lawyer EARN his or her keep.

If you want to know how he or she plans to pierce this corporate veil, ask him or her.

The lawyer doesn't need your help.

You wouldn't seek internet advice to help your neurosurgeon, you'd ask your surgeon, or seek a second opinion; from another nearby surgeon (or one at the Mayo Clinic, Cleveland Clinic, Oschner Foundation, etc...).

So, trust your lawyer, and meet with him or her if you have any specific questions you want answered.

Frankly, I suggest you sit back and see if your lawyer "can make monetary magic"!

Lastly, there are certain defendants (your boy may be one), that divest themselves of EVERYTHING, except a pauper's allotment.

They have nothing that anyone, but the government, can obtain (and even the government can't take it all either).

 

[dalenpalmer]

Home improvements gives a good look to the house and it gives new look to house.