Advice on Non Payment for my labor

[sweetip2000]

I worked for this contractor who is dikking me around for my $$.
He owes me $1,150 in cash for a few days of work. Promised to pay me and keeps pushing back the turn around time for my pay. I gave him a deadline. This Wed but I am thinkin about subpoena him with a summons and sue for my coin. Its a cash deal and he never asked me for my SS# or drivers license.
Will this hold up in a court of law ? I got him to send me a commitment in writing via email and he promised to pay me by June 3rd. Now he tells me he cant pay by that date. I saved the email header and was thinking about getting his license plate # off his van. Man I am so pissed. Any advice you can give me will be highly appreciated. Thanks

[RapidRick]

Contract is a contract, verbal or otherwise. Small claims. Breach of contract. Prove that you spent the time on the job. Seems like slam dunk.

[sweetip2000]

I will go to town hall on munday ...... Its the first time I ever had to do something like this in 30 years of painting. Thanks RR. I hate weasels.

[kb0nly]

That sucks... file the papers and get it done.

I have had issues with people not paying for stuff i worked on before, i have put whats referred to as a mechanics lean on the property, doesn't cost much to file it, after 30 days they don't pay i take possession of the property, that simple. Its worked well for unpaid computer repair bills as well as trikes, mowers, bikes, you name it. But then i always get a written agreement for anything over $100.

[atc007]

Agreed, PITA,but you have him,no problem. In PA, you send a registered letter simple,short and to the point. Keep a copy, although I've only done this once and won easily. She never asked for a copy of that letter! Anyhow. You owe me XXX amount $$. He has 10 days to respond,then you file in small claims, limit here is now $10,000. And you'll be in court within a month or so. It's $80 to file and $5 for the letter. Then you get it all back after you win,and he has a record :) :). After the judgement my troubles had ONLY just begun :). He didn't pay,,$3700. EVERYTHING,,including his TOILET had a lean on it. Dairy farm and a bus company. Leans on everything at his place. Filed another $80 for a sheriffs sale for my money. Sheriff refused saying that would " cripple" the school district because of his buses. Long story short,he filed chapter 13,and supposedly MY money is in a Esgrow account somewhere in the world.But I can't find it :) After his son bought the farm and settled all debts. He owed me,a feed company and a store,,,$53,000 . Gotta love them scumbags !

[Scootertrash]

I with the above posters, although I'm not sure how NY works. Go thru the courts if possible and file a mechanics lien if necessary.

I'm in the same boat as you. Went to NoDak for a guy last October he owed me about 3500.00. Got 1500 out of him in January. Finally called him in mid April, he whined about "I'm barely making it as it is" and got the "I got a guy that owes me for a job, I should be able to give you something end of month". Haven't heard from him since. The kicker? I've known this guy for about 20 years. Not best buds or anything, but we've done quite a bit of work together in the past. You'd think he'd have a little more respect.

I have an ace in the hole tho. When we got back from NoDak, he dropped off a riding power trowel and a generator for me to work on. He owes me another 500 for that work. I still have the power trowel and generator in my possession, and it's gonna stay that way. ;) At least until I get paid in cash, no checks.

[just ben]

It shouldn't be an issue as long as the work you did wasn't on property owned by him. In NY a contractor cannot sue a homeowner/property owner for non payment without a written contract.I have been going through this myself for the past year.I won the case however the moron I sued has more money than brains and appealed the courts decision.He has now paid much more in legal fees than if he would have just paid me

[ColtonGG33]

I don't know if this is in different states but my brother was having a hard time to get his work to pay him, and he threatend to get ahold of the better business Burrow. Because they will make the people who you work for pay you.

[Scootertrash]

Did his work gopher it?

[briano]

I don't know if this is in different states but my brother was having a hard time to get his work to pay him, and he threatend to get ahold of the better business Burrow. Because they will make the people who you work for pay you.

I know I'd pay up if there was a mule after me.

We have a sign at work that says " you can get more done with a kind word and a gun than you can with just a kind word ".sometimes that should really get to be used

[sweetip2000]

It shouldn't be an issue as long as the work you did wasn't on property owned by him. In NY a contractor cannot sue a homeowner/property owner for non payment without a written contract.I have been going through this myself for the past year.I won the case however the moron I sued has more money than brains and appealed the courts decision.He has now paid much more in legal fees than if he would have just paid me

I told him today I am trying my hardest to settle this between me as the laborer and him as the the contractor who hired me. If he doesnt pay me this week I will go to the court and file a summons to be handed to him by the sheriff.
I already spoke to the local police and they must have it on file that I called on my cell phone and the police knows where the job site is. It is a commercial job with 5 million in renovations. The construction company in charge of the project has seen me working in the job site. Also the contractor I worked for is aware that if I dont get my money I will escalate the problem. He knows what I will do without me even saying it and is pleading with me not to do anything rash. He knows if he gets the summons handed to him at the job site that the construction company will toss him off the site and he will be at the biggest loss. So lets see what happens this week. Its amazing how I have to talk to a grown man like a little child who just dumped in his kimbies.

[RapidRick]

He knows if he gets the summons handed to him at the job site that the construction company will toss him off the site and he will be at the biggest loss. So lets see what happens this week. Its amazing how I have to talk to a grown man like a little child who just dumped in his kimbies.

You might suggest to him that you'll make the State Contractors Licensing Commission, and both the State and Federal Tax agencies know that he may be defrauding employees and not accurately reporting payroll withholding along with your state's workers compensation board. Just a thought.

[tri again]

Terrible stuff for sure.
I had a boss borrow my generator and then came back the next day accusing me of Stealing it.

Stealing my own generator.!?!
If I did, it would be locked up to the ibeam it had been chained to for 5 years.

Man, I went through some changes over that.
All kinds of nasty LEGAL thoughts that would've ruined his CCB aka contractors license etc etc.
After cooling down for a few days, a new generator came to me for free
from a neighbor who bought a new one and I dropped the ball.

In the meatime, the s.o.b has ripped off almost everyone in town WAAAAAY over 100 grand.
and he has to find victims, I mean customers 20 miles away.
I feel mildly guilty that I didn't try to fix it when he was on his rip off spree.

biz is biz.
I'd file small claims or get someone else to do it for a small % if you don't want to look at his face and just not let it ruin your sleep.

Collecting on a judgement if you win, is also another topic.

Sounds like he's easily found and has a job to serving him papers isn't a problem.

Iknow I know, we think about all the things we could've paid for or bills we could pay and tires for the truck and food for the kidz and on and on and the rat&^%$#%$^ are driving new cars with new freakin' sneakers and a tan from vacation etc etc.

Just don't let it ruin your positive and progressive state of mind.

[sweetip2000]

Well I did it. He threatened me that if I contact the site foreman for non payment he will not pay me at all. So I contacted the site foreman in charge of this project. (Very prestigious construction co) Foreman told me today that the guy who hired me lied to him. He was hired on the basis of him being able to pay out to his laborers. I am not the only one who has complained about him. So now the foreman is very unhappy with contractor who hired me, The Foreman asked me to be so kind as not to put a mechanics lien on his construction company. I told the foreman I need to be paid. He told me if I don't have my money (cash as promised in hand by this Tuesday he will get my money for me. I also informed the foreman I am in the process of filing for a summons. This guy who hired me is gonna be terminated by the foreman because of my actions. I told the foreman either way by hook or crook I need the coin in my hand. He said he would cut me a company check for what is owed to me if worse comes to worse. I was yelling and screaming my brains out at the contractor who owes me the money today. Filthy lying dirt bag.