QUESTION

We are taking a local contractor to court after paying him $3K to do a job and he never showed up. How hard is it to collect after court?

Asked on May 16th, 2017 on Civil Litigation - Alabama
More details to this question:
We hired a company in December to install a security gate on our property and have a signed contract. He took a $3,000.00 deposit from us and never showed up. Lied to us on multiple occasions so we had him served 2 weeks ago. Our concern is collecting our money after our day in court. Are we going to need an attorney to go after his company and or him personally to collect?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The bad new is that, judging by the experience you've had with the company, you're probably going to need the help of a collection attorney.  The good news is that many collection attorneys work on contingency, and their fee is a percentage of what they collect so that the less they collect, the less their fee.   You wrote that you "hired a company", but that you "had him served."  If the "company" is a corporation, llc, or other independent legal entity, you need to sue it, not "him", and you can only collect from its assets, not "his".  As a general rule, the owners of an entity (shareholders of a corporation, members of an llc, etc.) are not personally liable for the entity's obligations.  There is nothing in your question to indicate that you would have grounds to sue, or get money from, the individual, only from the entity (again assuming that the "company" you mention is a separate entity like a corporation).  
Answered on May 16th, 2017 at 2:41 PM

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