On Mon, 14 Jan 2008 13:45:23 -0500, Frank
frankdotlogullo@comcastperiodnet wrote:




Assuming you're sure you can stand in front of a judge and clearly point out
real breaches of the contract, I'd go with the last 3 actions first. The
rest are lightweight and a waste of time compared to the last 3.


I agree. Been there - done that. Be prepared to never get money back.
Any smart contractor will be incorporated and you will be suing the
corporation and maybe him personally but may not be awarded a personal
suit since you are dealing with the corporation and corporation may be
bankrupt. I settled with my builder out of court and never got a penny.
Only relief was to take tax exemption as a short term business loss.
Good luck.

When you have a judgment and believe you will never get a cent, there
is one last way to put the spurs to him. Write the debt off, send him
and the IRS a Misc 1099. It now becomes income to him and the IRS
will do your dirty work by collecting taxes due on the write off
amount.

--Andy Asberry--
------Texas-----