Legal Question in Civil Litigation in California
The city attorney has successfully prosecuted an unlicensed contractor who ripped us off of $45,000.00. he also has to serve time. however, based on his bogus claim of financial instability he has been ordered to pay only $100.00 per month for the next 35 years. what can we do? is a cival suit going to help us and if so do we need an attorney for this and what might be our financial liability?
2 Answers from Attorneys
The good news is he'll probably default and at least you'll have a judgment against him when he gets out so that you can garnish his wages or take other property of his. The bad news is he might go bankrupt and then you'd have to file a petition in bankruptcy court that his debt be deemed non-dischargeable.
A civil suit is probably a good idea. Mr. Stone is correct that being in prison he will probably default. Getting a prisoner served is tricky, so it is probably a good idea to get an attorney. You shouldn't have any liability to the unlicensed contractor, unless there are a lot of facts you haven't told us.
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