- Joined
- Jan 12, 2009
- Messages
- 3,198
If it were me, I'd sue. Whatever else is going on, they did not keep the contract.
More likely, the best path would be to get in touch with his State Attorney General and file a formal complaint. If you sue you get your money back if you win, but on a case this small no attorney will do more than write a nasty letter. It simply isn't enough money to interest them. If he recovered all of his money, then paid out 40% for attorney's fees, he wouldn't have much. Remember, in a case like this there is no "pain and suffering", no punitive dollar amounts or any of that other business we see in the news or on TV shows. The litmus test for the law is easy; how much monetary loss did Joe actually suffer, and realizing there is an inherent risk in doing business, what will it take to make him whole?
Depending on the judge, Joe may not even get his attorney's fees back if it goes the wrong way.
On the other hand, if you get the AG interested and make your case in a criminal court, the only way Crusader can get out of it is to refund all the money or supply the finished goods in a reasonable amount of time (which has no doubt passed), thereby making Joe "whole", meaning he suffered no loss at the end of the process. In my state (Texas) this problem falls in the area of small claims court (any claim $2500 and less) so all that is needed is to go get on the docket and make an intelligent, compelling case to the judge. No lawyers needed.
As a contractor, dealing with subcontractors that don't deliver specific goods or services as agreed to is right in my wheel house. Since the criminal judge can issue a judgement, you can really get those guys screwed for future business loans, future rental of property, and in some cases credit.
A little research can go a long way in this matter.
Robert