As a rule I strongly prefer to read and not post about topics such as this but the problem described by donmac is without question not hopeless yet and I feel compelled to offer one approach I have used quite successfully. Sometimes you just have to go into the trenches to get justice.
I did some work for a guy who then owed me a sizable sum worth suing for. He refused to pay me so I sued in Small Claims court in Laconia.
- Sue under the NH Consumer Protection statutes covering these affairs including Unfair & Deceptive Practices; These laws also provide for up to triple damages; See NH RSA 358-A:10 for “enhanced damages” and 359-B:16 for “Civil Liability for Willful Non-compliance”; Willful is a KEY word;
- Be certain you have the name of his operation exactly right including the address-if all you have ever seen is the name on his letterhead, use that to name the Defendant; However you still need to go to the Sec. of State’s website for some more info.; It is vital you sue the correct entity;
- Go to the NH Sec. of State website:
https://www.sos.nh.gov/corporate/soskb/csearch.asp
and see HOW this guy is actually doing business by typing in the name of his operation (i.e., how he is held) meaning a C-corp, S-Corp, LLC, Sole Proprietorship etc.; you could be pleasantly surprised to find out he is a Sole Proprietor which then makes him personally liable as opposed to corporate liability only; but even if he is doing business as something other than a Sole Proprietor, the company may have assets to purse;
- Contrary to common belief, Attorney Fees in N.H. can be reimbursed in Small Claims under certain circumstances; See this for some interesting reading:
http://www.courts.state.nh.us/suprem...6/simps045.pdf
- At the Hearing/Trial the guy I sued failed to show up so I won by default; The guy then tried 3 times to complain to the Court that he simply couldn’t make it to Court and asked for another shot at showing up; the Court flatly denied it but I did file a response stating that the Defendant could have in fact shown up (he chose not to), could have had a designated Employee show up (he chose not to), and could have retained a lawyer to show up (he chose not to);
He had 30 days after the ruling to appeal but he had already passed the 30 day mark so his 1st appeal was already in deep trouble;
- This guy then failed to make payments so I filed for a contempt Hearing; the guy failed to show for that Hearing too so a bench warrant for his arrest was issued on the spot; I gave the guy’s home address to the Belknap County Sheriff who then arrested him and off to jail he went; his bail was $500 and after his release the Sheriff sent me the $500; the Sheriff’s Dept. was terrific and easy to do business with; All of a sudden I start getting checks in the mail for various amounts that within about 6 months covered the debt;
- As the guy paid, I still went looking for property to attach using what is called an Ex Parte Attachment; here the Court allows you to seize property the entity you sued has and to do so with no warning to the Defendant; Read more here and at this juncture an Attorney can be priceless to have to help guide this aspect of collection:
http://www.courts.state.nh.us/forms/nhjb-2181-dps.pdf
- With the Attachment order in hand get a copy of the check(s) you wrote and see whose Account it was deposited to; if it is in the name of the entity you are suing all monies in the account will be drained to pay you on the spot or soon thereafter once the Sheriff takes the lead; it is my understanding that the Sheriff will go to the bank with the Attachment order in hand but don’t quote me on this;
- Build a simple website and buy a domain name patterned after something like
www.johndoecontractingsucks.com; if he does any business using the web when searches are made the domain you own should come up with the details of your situation; I like the word sucks-do NOT use words such as…”scams” or “steals”-I believe they could be taken for slander or liable; and whatever you post make certain it is 100% factual;
Scammers cannot as a rule, stand the light of day and the Internet is a powerful way to shed light on the problem;
- Keep excellent records and dates of events from start to finish;
Bear in mind that dirtbags like the guy you hired bank on you not pursuing them-it’s highly likely this is not the first time he has stolen money from someone and furthermore he believes he knows the con game better than you and that there really is little or no downside to what he has done. It is your job to change his mind.
When I got through with the guy who stole my money I am confident he thought twice about doing it again to anyone, especially while he was in a jail cell at 11 o’clock at night.
I am NOT an Attorney so this is personal advice not legal advice. However if you are looking for an attorney I will suggest Bill Philpot in Laconia.
I started the Small Claims case myself and saved some money doing so but when I saw the Judgement in my favor I was determined to collect on it so I hired an Attorney.
It is rare indeed I end up in Court but as I said, sometimes these matters have to escalate in order to get justice. I rarely hire an attorney when I am forced into Small Claims Court but Bill’s reasonable fee was clearly worthwhile; here’s another thing I learned-local legal help CAN change how a Court sees you-I couldn’t help but think that because I had actually spent money to hire an Attorney the Judge viewed the merits of my case far more seriously than had I appeared alone. Of this I am convinced. And when technical and not-so-technical arguments of law need to be made in front of a Judge, an Attorney experienced in your specific matter and on your side can be a huge advantage.
Furthermore don’t feel badly at all about driving him into bankruptcy if need be. His legal fees alone to do so will be an incentive to pay you what he owes.