How do I get blood from a stone? (get a judgement paid without breaking kneecaps)

ManglerYJ

ManglerYJ

Well-Known Member
Joined
Mar 20, 2005
Location
Lexington, NC
We entered into a contract with a guy who was referred to us on Facebook Marketplace to pour some concrete for a driveway extension. He took $1500 up front with the expectation to pay the rest upon completion. This is what I typically do for my contracts,. so it didn't feel out of sorts that he asked for half up front. Weeks go by with excuse after excuse as to why he can't come do the driveway. Between weather (legitimate), his "crew" getting Corona (plausible) and his mini-excavator getting stolen (somewhat plausible), he kept putting us off until he finally ghosted us. We sent him a certified letter that he was in breach of his own contract at that point. He never accepted the certified letter. Meanwhile, he has been posting on social media, so I know he's not dead.

We then had to file in small claims court. According to the court, he was served with those papers, but he didn't show up. We now have a judgement for the deposit and court costs and interest until he pays. Woo hoo. Not worth the paper it's printed on if he doesn't pay. The Magistrate said that because he took the initial deposit and did literally NO work (didn't show up again, do any digging, even so much as drop off a shovel), that we can also file criminal charges for a misdemeanor. We filed those, but the deputy has not been able to track him down after two attempts. I KNOW he's dodging it now.

Now the question. What means do I have at my disposal to make him pay? Message me in private if you want to know who this is referring to. To add to the problem, he lives on the Davidson/Forsyth county line, so he has a Winston Salem address, but Davidson county resident. Neither Sherrif department was very helpful unless I know where his where-abouts are at a particular moment. He did have two traffic court appointments in Forsyth County, but those have both passed without him being served.
 
jeepinmatt said:
Have you tried simply calling him out on social media? A friendly "I paid a deposit on xx date and am still waiting on work to begin. Where am I at in your schedule?" kind of post just to force the publicity?
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We are long past getting it scheduled. We ended up having another contractor (Father & Sons - I highly recommend them by the way) do the work. It was completed in a day and a half and paid for upon completion. He doesn't post in social media, so I'm not sure where he might see it. Thought about a post in Concerned Citizens of Davidson County Facebook group, but that place is a $h!tshow.


We just want our deposit back at this point.
 
Im with Matt. It seems the fastest way to get a business to start trying to fix things these days, is to call them out on social. I would post something tagging his business and his name on every group that it makes sense. If he posts Ads, I would comment on them if you can. If not, maybe report him to FB Police.

Could report him to BBB, although i dont think that would do much good, these days.

My experience is the same as what you are seeing with the Sheriff's Depts serving papers.
 
Futbalfantic said:
Does he have business assets? Place a lean on them. Does he list his home address as his business address. Put a lien on that?
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He lists his home address as his business address, so there's that. What is the process to put a lien on his house? I assume it only will be an issue to him if he ever sells it, correct?

As far as business assets go, I don't know as I've never actually seen him do any actual concrete work. He arrived in his racing team truck (Bowman Gray) which was a clapped out box truck.

I'd hate to place a lien on his house only for him to live there until he retires and dies, never seeing a penny, but if that's what it takes to get his attention.......
 
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Loganwayne said:
did you pay with a check? contact your bank and see where it was deposited and go have a chat with the bank manager that they are depositing stolen money at this point. you make his life hell, may not get your money back but at least he wont forget you.
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That might be worth a shot. I did pay by check and he went IMMEDIATELY to the bank and cashed it. Like within an hour of picking up the check. Should have been a tip that something was afoot, but we really needed the concrete work done. In hind-sight I wish I had looked his criminal background up before we agreed. He has a conviction from 2012 for obtaining property by false pretenses. Found that info out too late.
 
no idea. Just know it’s a thing. But the judge did say with interest. So it’ll be a nice chunk of change if he sells 10 years down the road.

Edit to add it’s only 8% per year non-compounding. So not all that much.


But it looks like you can compel him to sell a piece of property if value.

Small Claims | North Carolina Judicial Branch

Find information about filing a case and the process in small claims court.
www.nccourts.gov www.nccourts.gov
ManglerYJ said:
He lists his home address as his business address, so there's that. What is the process to put a lien on his house? I assume it only will be an issue to him if he ever sells it, correct?

As far as business assets go, I don't know as I've never actually seen him do any actual concrete work. He arrived in his racing team truck (Bowman Gray) which was a clapped out box truck.

I'd hate to place a lien on his house only for him to live there until he retires and dies, never seeing a penny, but if that's what it takes to get his attention.......
Click to expand...
 
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Every Television station in my area, has a Investigative reporter, that helps people out that get screwed. They find the guy if anyway possible, & get him on camera, if possible. Probably 90% of the time, they get Justice, while Also putting the guy / business, in the Public eye.
 
Wait you have his address?
Time for some "I steal from my customers" signs posted right in front of his house.
 
Loganwayne said:
did you pay with a check? contact your bank and see where it was deposited and go have a chat with the bank manager that they are depositing stolen money at this point. you make his life hell, may not get your money back but at least he wont forget you.
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Not the banks problem. This will get you no where. You handed the guy your legitimate check with your signature. Nothing fraudulent with the transaction what do ever from the banks perspective. Their perspective will be to pick your “friends” more carefully.
 
AdamH said:
I bet he’ll be at Bowman Gray come the end of April when racin’ starts back up
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get a lein put on that race truck of his...
 
Is the judgment against him or his company? There should be a way to go back to the magistrate and file paperwork to have his account "seized" by the sheriff and have the money forcefully taken?

I have heard of such a thing before, but pretty sure it was in another state.
 
paradisePWoffrd said:
Im with Matt. It seems the fastest way to get a business to start trying to fix things these days, is to call them out on social. I would post something tagging his business and his name on every group that it makes sense. If he posts Ads, I would comment on them if you can. If not, maybe report him to FB Police.

Could report him to BBB, although i dont think that would do much good, these days.

My experience is the same as what you are seeing with the Sheriff's Depts serving papers.
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Post it on FB and turn off the comments.Somebody will tell him.
 
Derail.
Reminds me of when we had opened our yard in Asheville and would take essentially any customer. Dude was on terms, balance due in 30 days. 30, 45, 60 days went by. Wouldn't respond to texts, calls, emails, nothing. We were being ghosted.
After nearly 3 months, I saw his van outside a new project (getting remodeled). Walked in, saw him working. Called him, he looked at the screen and dismissed the call. I yelled "since your fn phone is broken, thought I'd settle up in person". In front of his GC, co-workers and other subs.
I drove him to his bank and got our money.
 
Buy you a old beater and go to where he is racing and wipe his race car out on the track and whip his ass. they will ban you from racing and sell the beater for junk. You probably wont get any money back but you will cost him some money to fix his car or replace it back You will get some satisfaction from all the hell you caused him. Don't ask me how i know this. Used to race 4 wheelers back in the day. lol.. Good luck on getting your money back. The facebook call out will hurt his name and business.
 
Really, calling out on FB is probably your best bet at this point. Defamation would be a poor choice. But stating facts and appearing to be genuine with "has anyone heard from xxxx xxxxxxx? I have him money to do some concrete work and haven't heard from him. I've called, mailed, emailed, etc and can't touch base. I even spoke with the sheriff's dept to make sure he's ok."
That should get some traction.
 
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