Legal Question in Civil Litigation in Massachusetts

collecting in Small claims Court

An independant contractor and I had an agreement for services and materials to build a stone wall. The contractor required 20% for a down payment (about $1000). The downpayment was provided and the contractor has not returned. I filed a small claim against the contractor and was awarded judgement. However, Ihave not recieved any money! I've been to court 8 times and won each time, each time the defendant agree's to pay xx dollars per month, a month passes and nothing happens. So, we go back to court and on-and-on. How do I collect from an independant contractor? He has no employer, and I don't have any way to know where he banks. Is there any hope? It seems like the system is broken.

Any advice would be greatly appreciated. Thanks you in advance, -


Asked on 4/28/98, 5:02 pm

3 Answers from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Take out a criminal complaint!

There are several things you can do. You can ask the judge to refer it to criminal prosecution. The judge will probably not do that. We do not have debtor's prison -- alegedly, but this was not a debt. This was outright larceny. Go to your local DA's office -- and ask the DA to charge the contractor with larceny. Show him/her your judgments. If the DA doesn't do it, then make out an application for a complaint yourself. You don't have to worry about a malicious prosecution claim by the perp because you've already prevailed on the civil side. Also call the Attorney Geneal's Office, the Consumer Protection Division. They may move on your behalf. You certainly want to get this guys' name on a list. It's common. You also want a criminal conviction because then he cannot get rid of the judgment in Bankruptcy Court. These guys stall and stall and then when there are enough people yelling, they move quickly into Bankruptcy and wipe everyone else out. o move fast. He may be getting close to the BCourt action. You're probably not the only one wh whom has ripped off. Good luck! What's his name? Which District Court are you in? Which judge did you have? Or was this something that the clerk handled and supposedly "settled"? I smell the latter. If you actually have a judgment, you can also write a Motion for Show Cause Why Defendant Should Not be Held in Contempt. Jail is a short step from there, but he'll run into BCt first and fast, so you're really better off with the criminal route. Good luck!!!

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Answered on 5/19/98, 4:19 pm
Alan Pransky Law Office of Alan J. Pransky

Try criminal process instead of civil.

It sounds like you are the victim of criminal fraud. Perhaps you should contact thedistrict attorney or district court and file complaints for larceny by false pretenses. Ifthe sales agreement occurred at your home and you were not provided a right ofcancellation, then another crime occurred under G.L. c. 93, � 48.

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Answered on 5/19/98, 10:12 pm

I don't want to tell you!

Has he consistently shown up for court? What court are you in? What city or town does he live in?

Does he own or rent? Whose vehicle is he driving these days?

I can handle collections of that ilk. I have a few techniquesand pressure points which I don't share with the general public.Give me a phone call, though.

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Answered on 5/20/98, 1:18 am


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