From: trader4@optonline.net (Chet Hayes)
Newsgroups: alt.building.construction misc.consumers.house alt.landscape.architecture alt.home.repair
Subject: Re: Concrete Border Question
Date: 6 Jun 2004 09:24:48 -0700

jkeagle13@aol.com (Anteater) wrote in message news:...
> Are there any mandated "concrete standards" or anything that we could
> refer back to as evidence? I.e. PSI it should be able to withstand,
> etc.? What if he argues that that is not bad enough to repair? Some
> website I looked at said that if you go to small claims court with a
> product or service defect you have to prove that it would injure
> somebody or cause harm besides being a nuiscance. I mean, the thing is
> falling apart if you brush up by it, not totally so that you can't see
> it, but enough that damage is done. Easily it would be gone in 3-4
> years. I couldn't imagine what would happen when we used the weed
> whacker! What concrete mix is most commonly used for borders?
> 
>     I considered sending him a copy of the video I plan to use as
> evidence of us destroying this 3 week old border by rubbing it with
> our hands, and send him a written report/essay laying out all our
> evidence, and showing we are serious about taking him to court. I had
> hoped maybe he would see this and pay up. I was also afraid it would
> just show him all of our evidence though and allow him to
> counter-prepare. What do you recommend? Should we even contact him at
> all before we take this to the courts, as when he came over here the
> other day he dissapeared when I went inside to grab something to show
> him, and even admitted at the beginning of our meeting that the mix
> must have been done wrong in the backyard, so he obviously recognizes
> it is his fault, but refuses to do anything, so contacting him might
> be a waste of time?
> 
>                  Thanks a TON for all your help,
>                       - jkeagle13@aol.com
> 
> 

I would take pictures, save a sample of the crumbling concrete, and
get a couple of written estimates from legitimate contractors to fix
it.  The estimates should include a brief explanation of what they
think is wrong with it.  That's all you should need, video is ok as a
back up too.

I'd certainly send the guy a final letter giving him a couple weeks to
respond before you file suit.  The letter should be sent both regular
mail and certified.  He may refuse the certified, but you can tell the
court you sent it both ways, so they know he got it.

Many of these guys don't even bother to show up in court, in which
case you get a default judgement.  The problem is, these guys are
usually judgement proof and they have 10 other judgements outstanding
already.  To collect, you have to find assets, eg bank accounts,
homes, etc.  The obvious problem is that these guys are way ahead of
you and have no assets that you can find in their name.  You likely
can't garnish his wages either, because he doesn't have a regular job.

Did you pay him by check?  If so, the canceled check, which you should
have for court, will have the bank account where he deposited it. 
That can be a valuable clue to where to look to collect the judgement.
  If that fails, here's a great trick that may work, though it takes
some effort and may not be worth it for a small amount.  You send him
some type of refund/rebate check that looks like it's official.  It
has to be a real check, if you have a friend or someone in business
that it can come from, that makes it easy.  So, you send him a check
for say $10 and hopefully, he deposits it somewhere he has an account.
 When you get the cancelled check back, voilla!, you now know where he
has a bank account and you can go after it.

Good luck!





> ------------------------------------------------------
> "dadiOH"  wrote in message news:<2ifblbFmhaloU1@uni-berlin.de>...
> > Anteater wrote:
> > > Hi,
> > >    So if we take it to small claims court, and win, what process can
> > > we go through to ensure collection? Someone posted in an earlier
> > > post that it was hard to collect.
> > 
> > They are right.  There is no way to assure collection - blood from a turnip
> > and all that.  However, going to court is a PITA for all concerned and a
> > sensible potential plaintiff would do all he could to avoid it.  After all,
> > if he is in court he can't be working.  It would be much better for all to
> > work out a solution to your problem...straight and honest talk to the
> > tradesman explaining that you are dissatisfied, why you are so and telling
> > him you would much prefer to arrive at an amicable solution than go to court
> > would be my approach.  In person, not on the phone.  Merely knowing that you
> > are serious may effect a resolution.
> > 
> > If you do have to go to court and you win, look into what is called an
> > "examination of judgment debtor".  If available, it is a great device.  It
> > lets you haul the guy into court again and he is sworn...you can then take
> > him off in a corner or out in the hall and ask him what you will - where he
> > banks, where his savings are, what assets he owns, etc.  You can do this
> > multiple times.  IOW, you can make life so miserable for him that he will be
> > happy to pay up.  It goes without saying that you can also grab his
> > assets...easiest if he is a wage earner as you can garnishee wages.  You can
> > do the same with bank accounts but they can be moved/depleted/etc.
> > _________________________
> > 
> > > What all is involved in small claims court?
> > 
> > It varies from place to place.  Generally, there is a maximum amount that
> > you can sue for and lawyers aren't allowed.  Talk to the Court Clerk, he/she
> > will have info and can usually help.
> > _______________________
> > 
> > > Could we show a video of the border falling a part?
> > 
> > You can pretty much present what is necessary to prove your case.  You *do*
> > have to prove it.  Even better would be a video AND a couple of chunks of
> > concrete...one of the good, one of the bad.
> > 
> > Finally, consider calling the TV court shows...People's Court, Judge Judy
> > and the like.  They need a constant influx of cases and yours is different
> > from most that they air.  And if you should get on, it would be a win/win
> > situation.
> > 
> > --
> > dadiOH
> > _____________________________
> > 
> > dadiOH's dandies v3.0...
> > ...a help file of info about MP3s, recording from
> > LP/cassette and tips & tricks on this and that.
> > Get it at http://mysite.verizon.net/xico
> > ____________________________