Legal Question in Construction Law in Texas
Contractor Defaults on contract
The contractor was given a deposit by check to renovate kitchen counters and nothing has been done. We sent a letter, registered return receipt, and the letter was returned. The contractor is now in prison for tax evasion. I am owed $6100.00 dollars.The contractor was not incorporated. Should I file in small claims, or a higher court. His wife is aware of the problem. Are all assets considered? Can I recover legal fees if I file in a higher court?
2 Answers from Attorneys
Re: Contractor Defaults on contract
Small Claims court allows only up to $5,000.00 in total damages. To recover all your damages, County or District Court, depending on your county, would be the better avenue. However, in those courts it is wise to hire an attorney because of the rules of procedure and evidence required.
Re: Contractor Defaults on contract
You'd have to get an attorney for the higher courts, since Small Claims is limited to no more than $5,000. Understand that a judgment doesn't put money in your pocket; you have to collect the judgment.
Chances are there's nothing to collect against, because if the contractor is in jail for tax evasion, his taxes, penalties and interest will probably reduce his estate to essentially zero.
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