Legal Question in Civil Rights Law in New Jersey

Please help i am suing a contractor who might file bankruptcy

HI, I am in the process of suing a contractor who did not honor verbally and contractually a contract, furthermore, he did not do any work on my house at all and kept $6000 of the inital payment. We have a signed contract stating he will be finished by jan 31 2001 and he never did any of the work. I am very concerned that i am going to lose my money, I went through the proper channels and right now the paperwork is in the courthouse but it is taking so long and he probably will not show up to court if the court asks him too. My wife and I are suing his company and him individually. My question is can he file for bankruptcy and not pay me back the money that is rightfully mine? The second question is: Is there hope fore me on receiving my money back?


Asked on 4/04/02, 6:02 pm

2 Answers from Attorneys
Glen Chulsky Law Office of Glen H. Chulsky

Re: Please help i am suing a contractor who might file bankruptcy

The home contractor, under most circumstances, must comply with the New Jersey Consumer Fraud Act. Under this law, you would be entitled to triple your damages caused by the contractor's fraud and the contractor would also have to pay your attorney's fees. The best part is that the U.S. Supreme Court has already ruled that an award under the New Jersey Consumer Fraud Act is not dischargeable in bankruptcy. You can contact me for a no cost initial phone consultation at Wolf & Lewis 732-545-9292.

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Answered on 4/08/02, 7:50 pm
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Please help i am suing a contractor who might file bankruptcy

There is no help to give. If he files, you must cease your efforts and file a claim in the bankruptcy. The tough news is there is nothing else you can do.

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Answered on 4/04/02, 6:36 pm


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