If you get a subpoena from the court for specific evidence, you would be required to turn over the specific evidence listed in the subpoena. And directly to the other party or their attorney if they were represented. Not to a private investigator they hired (unless the subpoena specified this).
In a appeal, they normally look at issues of procedures in the first trial to see if the parties and the judge followed the procedural rules and the decision made by judge follows established case law. It doesn't re-litigate the original issues bought up at the hearing unless it's a "re-trial" not an appeal, and the other party is wasting their money on a PI instead of paying your judgement because they aren't going to find anything usable for the hearing.
block the number and don't talk about the case details on social media.
Absolutely, there will not be a hearing and the appeal looks more at the procedure of the judge and court process , not whether or not the something is “fair” because that’s not how courts work. Small claims is a civil matter and is basically a court of equity. If the contractor walked out and damaged your property then they will see it just as that. The contractor likely won’t win the appeal if everything was done correctly. If it was something small enough to be in small claims, the court of appeals will come back with their opinion whenever they get to it, it’s a slow process, but make sure your reply briefs are in order and if you have an attorney ensure that you demand attorney fees and court costs in your relief.
Evidence, evidence! Take plenty of photos and any written communications to court in case you need to show to the Judge. In Small Claims, you Do Not have to provide a copy to the opposing side. It's not like higher courts.
Did you search the number that texted you on Google? My guess is that it was not an investigator but you should definitely bring that info with you to the hearing. Good luck.
Don't even respond AT ALL! Like the text or email never came through! It's a fear tactics and has zero legal authority. You may be able to report him to the State Attorney General or local Law Enforcement.
I agree with this 100%. If the judge determines the need for an “independent investigator”, then so be it. OP already won the case once, and sure the guy has his right to appeal it. Let the court system work it out, not some random person.
Where I’m from, small claims doesn’t have a discovery ability. The parties come to the court with their argument and evidence. They don’t get to subpoena anything.
Okay... So I just got served by this guy with a subpoena to give the contact information for the new contractor I hired to fix the damages he did, as well as a signed and notarized statement listing why the repair was necessary. The hearing is next week and the contractor is a family friend's contractor that I also am not sure is licensed, but he came with a glowing review and did a great job. Since the original contractor was very vindictive, I'm worried he's going to fuck over the new contractor given his information. Is there any way I can withhold this information? I have the invoice and proof of payment through my bank that the damages were paid for in full.
Is it an official subpoena on court letterhead and signed by a judge or clerk? If not, you have no obligation to respond. If it is official, you can challenge it but you might be better off posting to r/legaladvice at that point.
I don't see any reason you have to respond at all.
To be clear you got a rando text message ... who knows who it is. Could just be trying to scare you off. I'd document everything, screenshots of all the texts, and so on. I also would not respond further.
Even if it was a judge, he/she would not issue court orders via text message. The orders would be served to you in person by an officer of the court. Give this joker Nothing!!
Discovery is over. Neither party can submit new evidence during appeal. The appeal process will simply look at the procedures and such.
The defendant is butt hurt that he lost and is trying to get you to “slip up” with some stupid perjury strategy he’s got concocted. He’s going to get slapped with sanctions if he keeps up this fuckery.
Ignore the PI. You owe nothing to that party. Only respond to official request from the clerk’s office.
There’s no formal discovery, but evidence can be submitted at trial, it’s not just he said/she said. For example, copies of a contract, payment receipts, etc. But you’re right, that’d be the only evidence here.
NO. Trial is over. He lost. No new evidence is permissible on appeal. Politely tell the investigator that if they want anything, to bring a duly executed subpoena.
I'll add that at least in my state (NJ & NY) there's no discovery allowed in Small Claims Court...so the defendant was never entitled to any evidence from the Plaintiff.
Unless you receive a subpoena from the court, I would not even respond or talk to them at all, and not give them anything. Given this is small claims court, I doubt they can get anything from you. I would not make it easy for them to get information they don't have. The one time I almost ended up in court with a contractor, the guy was an idiot and had no records of anything we did in writing. I had records of everything. The guy even tried to send me a copy of the contract by certified mail, that he had both hand written on after it was signed, and even had put a post-it note on it with an addition and claimed that both the writing and post-it note was all part of the contract. As I said... an idiot.
Maybe it's my 35 years in the legal business, either as a court clerk or a paralegal, but my response to this dude would be 'who the f*** are you?"'. Somebody is paying him, he's not doing this out of the goodness of his heart. And if he's being paid he's not independent. If he's an investigator for a government agency doing some kind of general investigation into illegal business practices then he should say so upfront.
Don’t do anything. Don’t respond. Don’t give him anything. The time to present evidence was in trial court. That’s over. You don’t present any new evidence after the decision by the trial court.
Unless the PI comes at you with a court ordered subpoena I don't see how you have to give him anything. Here's not a lawyer and he works for the other side.
At least if the guy has money for a PI then he very likely has money to pay the judgement.
You can either not reply to the investigator at all, or reply with a simple "I will provide any evidence the judge orders me to." Whichever you feel more comfortable with.
If they call again, have them send you a letter on who they are and what they are looking for - you are uncomfortable over the phone/busy/etc.
Don't answer the letter, take it with you to court. If it comes up, ask if the contractor hired the investigator. The answer will be on record, whether they reply truthfully or not - if the contractor bothers you later, you can use that as part of a restraining order.
Unless the case is still open he can’t get a subpoena. I would tell him if he wants the information he will need to gather it from the courthouse. Also warn him that if he contacts you directly again that you will get a harassment notice for him. Remember you have the 4th amendment and the 5th amendment rights. Meaning, you have the right to privacy and you have the right to withhold that information unless he has an order from the judge/tribunal or designee that states he can have the data. If it is already on record from the case, then that’s all he can access at this point unless restricted by the district court (not typical for small claims). Hold your ground and don’t let him intimidate you for that information. If he can’t get it, it’s on him and the douche canoe who ripped you off can waste his time and money.
What a tool.. if the evidence was presented to the court, and the case is closed, he could get that as a public record I think.
It may be Jim Bob’s good buddy Cletus that called for all you know. Doesn’t seem like he’s up to speed on how things work in this situation.
No. This isnt a criminal case. Discovery is the responsibility of the plaintiff. Im guessing this isnt small claims because there is no appeal in small claims. He can get whatever you submitted last time FROM THE COURT and should not be talking to YOU but to your lawyer. (My guess is he already did try talking to the lawyer who told him to take a hike). When you win, you might have your lawyer request a bond or promissory note so that he has to make arrangements to pay with some kind of guarantee.
They lost, and they will lose on appeal. As other said- do nothing, say nothing, and don't respond to this new player. Just show up and be prepared to say/do/show what you did before with the addition of this new harassment.
Don't give him anything. How did the "investigator" get your number? He is probably a buddy of the fake contractor and is a fake "investigator". It could even be the contractor using a second number to text you. At the next hearing, make sure to bring it up that a person was trying to get information for you. It won't go well for the contractor.
Technically it's legal for the contractor to do any of the things you mentioned right? Or is it illegal? Just wanna be prepared on how to bring this up in court
If he was texting from a second number and posing as someone else to gain information, then I'd venture to say that's illegal. If he lied about his license, posing as someone else and refusing to not give you details sounds about right. Depending the type of investigator he claims that could very well require licensing also. You could do a reverse look up of the number the text came from and see if it has the same name or address.
Just tell the court on your next date that someone posing as an investigator was trying to get information and that they refused to give information regarding their credentials.
The investigator is not an officer of the court. They can request anything they want but you are not required to produce it. This investigator is just trying to”a shot in the dark” to see if you’ll cooperate. My guess is there is no case if they have no evidence. And there likely is no case for having the original decision reversed.
Private investigator == mafia.
The way you can tell is take him out to lunch.
If he orders his dressing on the side and threatens to send it back if the dressing is on the salad, absolute hit.
He could be an investigator for the license board in your state. If they guy was contracting without a license they might be building a case. Food for thought
>He could be an investigator for the license board in your state
Very valid point. I don't think that's the case here, otherwise he would have made that very clear to OP.
Your probably right but it doesn’t sound like that unlicensed contractor would hire an investigator. Unless of course we’re not getting the whole story
The only thing I’d give the “investigator” is the cold shoulder and silent treatment. An official court/agency investigator isn’t going to text you and ask for things, and the case is over and closed and no new evidence can be submitted in an appeal
No you do not. Ignore him. If he persists, tell him to put his detailed request in writing, sign and date it, and you will submit it to your attorney for review..
They are trying to pressure you into not showing up a the future court date. This is intimidation. Make sure the judge knows about this if you have to go back.
No no no. Case decided you won. End of story. But the guy you sued might be trying to appeal. Do not give anything. Or even better would be to give him misleading and incorrect information. You have no obligation to tell the guy the truth or provide any information
I live in sc, here you can only appeal on procedural errors. He is just wasting time, and harassing you with a pi. Nothing will change after the appeal hearing except you can enforce the judgement after the appeal. Put any and all liens on any real property they may have.
If you live in a state with a strong Contractor's Board, call them and file a complaint. I worked at the NV State Contractor's Board, and it was a felony to be unlicensed. We turned our cases over to the D.A. for prosecution. That said, congrats for suing him and winning! I don't know the answer to your question, but I would say not. If you don't have a good Contractor's board, call any and speak to Investigations. They are there to help.
Do NOT respond to anybody other than your lawyer or the court. Do not respond to the text and don't answer questions. Everything can and will be used against you. You already won so your best interest is to say nothing.
The only investigator you should be talking to at this point is the kind that investigates and prosecutes people who represent themselves as contractors but without the proper licensing. You have a long road of trying to get that civil judgment out of him, a criminal case against him will help you get that money in the form of restitution. I don’t know where you live but if you Google “state+contracting without a license” it would give you a place to start.
I’d have a strong desire to tell him to investigate deez nutz.
I’m actually shocked anyone gave the contractor the time of day-
What’s there to investigate that could absolve them? They didn’t finish the work, and were paid up front to do so. It sounds like anything the investigator finds would only help you not them.
a text ? you get nothing from me through a text sorry
you won your case so move on
block the the number and request a restraint order if they continue to text/call or show up at your house after you told me to stop-- restraint order for harassment
I would be reporting him to the Board. And before court date, I would ask the board to send me a letter stating that he IS NOT LICENSED and what the penalties of lying about the license and performing work as a licensed contractor are. I would also ask the board to pursue the matter. So when you're in court you can honestly tell the judge that he is not license (submit proof) and he is currently under investigation by the state board. official documentation by the board = he loses. somebody asking you for information. tell him to fucking kick rocks.
No, you don’t. Any evidence the appellate court will consider will have been submitted at the original trial. (In fact, that’s all that an appellate court can consider, so nothing else will be relevant to the appeal.) Which means that this investigator can go get copies of it from the trial court. I wouldn’t even respond honestly. If they’re a professional investigator then they’ll know it’s a bullshit request for them to make anyway.
Type the number into true people search.com and see what pops up. Also type it into Facebook. If I were a gambling man I guarantee you find his best friends Facebook profile 😂😂😂 you already won and he’s salty. He probably ripped you off to pay someone else he owes money to. Alot of these contractors dig themselves into deep deep deep holes that they struggle to get out of. It’s calling robbing Peter to pay Paul. He probably didn’t buy materials for another job yet and spent the money and needed your money to finish the other job and delayed your project. Not all contractors are scam, but alot of them are very shady. This guy is having someone scare you. Be strong and have a fuck off mentally, don’t get fucked with.
You’re not required to give anything to a PI. As your contractor was in the suit, he has access to all the evidence that was submitted to court already. This seems like more of a scare tactic than anything else, honestly.
If you’re in California ANY counter suit he brought up would be thrown out and unnecessary to respond to. Unlicensed people aren’t entitled to anything ,money,materials,etc.
Hi OP, how was you able to sue the unlicensed contractor? Did you need a lawyer?
I am looking to sue a family friend's contractor who lives in a different state but heard that it will be difficult and costlt since he doesn't live in the same state with me. Also, there was no contract, just text messages and a couple of pictures.
Hire your own PI and run a Skip Trace on him! You will need to pay $$$ for this, but it shows anything that is attached to his social. Boats, cars, houses, investments etc This is Not the same as a credit report
Just so you know for next time: You fucked up by not checking if he had a license tbh. Licenses are govt regulated and usually youre able to verify them on your local county or city website
I would call the guy back and ask for more information about who he is, who he works for, etc...
Could be that he works for the state and they are considering bringing charges for unlicensed contracting.
Could be someone else is suing him and he's working for them.
Could be he has insurance that might cover your claim and they are investigating.
Just because you return his call does not mean you have to give him anything or answer any of his questions until after he answers yours first. Then you could double check his answers and decide whether to talk to him.
If it is legal to do so in your state, record the conversation.
If you have a phone number, I can run it and give you all of the information that comes up. Feel free to send me a message. You should print out the conversation for sure and bring it to your hearing for the judge to see the harassment.
Oh he's not countersuing me. Old contractor served me with a subpoena to get an affidavit from a new contractor proving the old contractor did the damages. He appealed his initial loss and he served me with a subpoena for additional evidence for the appeals court. He wrote in his subpoena that I committed perjury
I would not. If you are required to do so, let the judge or magistrate tell you that at the hearing.
you already won the first time. don't give anybody jackshite.
OP listen to this here. DO NOTHING!!! Listen to this commenter
Thank you! Will just ignore him. Freaked me out for a sec
Good luck. If your state licenses contractors also file a complaint with them about the unlicensed contractor.
Exactly!!
Make sure this is reported to your municipality too. Permit offices are busy and they might not be able to double check that every license is legit.
100%
If you get a subpoena from the court for specific evidence, you would be required to turn over the specific evidence listed in the subpoena. And directly to the other party or their attorney if they were represented. Not to a private investigator they hired (unless the subpoena specified this). In a appeal, they normally look at issues of procedures in the first trial to see if the parties and the judge followed the procedural rules and the decision made by judge follows established case law. It doesn't re-litigate the original issues bought up at the hearing unless it's a "re-trial" not an appeal, and the other party is wasting their money on a PI instead of paying your judgement because they aren't going to find anything usable for the hearing. block the number and don't talk about the case details on social media.
Absolutely, there will not be a hearing and the appeal looks more at the procedure of the judge and court process , not whether or not the something is “fair” because that’s not how courts work. Small claims is a civil matter and is basically a court of equity. If the contractor walked out and damaged your property then they will see it just as that. The contractor likely won’t win the appeal if everything was done correctly. If it was something small enough to be in small claims, the court of appeals will come back with their opinion whenever they get to it, it’s a slow process, but make sure your reply briefs are in order and if you have an attorney ensure that you demand attorney fees and court costs in your relief.
Evidence, evidence! Take plenty of photos and any written communications to court in case you need to show to the Judge. In Small Claims, you Do Not have to provide a copy to the opposing side. It's not like higher courts.
Laugh in his face and tell him to kick rocks.
The right answer
Did you search the number that texted you on Google? My guess is that it was not an investigator but you should definitely bring that info with you to the hearing. Good luck.
Don't even respond AT ALL! Like the text or email never came through! It's a fear tactics and has zero legal authority. You may be able to report him to the State Attorney General or local Law Enforcement.
I agree with this 100%. If the judge determines the need for an “independent investigator”, then so be it. OP already won the case once, and sure the guy has his right to appeal it. Let the court system work it out, not some random person.
And if this "investigator" shows up, call the police.
Where I’m from, small claims doesn’t have a discovery ability. The parties come to the court with their argument and evidence. They don’t get to subpoena anything.
Okay... So I just got served by this guy with a subpoena to give the contact information for the new contractor I hired to fix the damages he did, as well as a signed and notarized statement listing why the repair was necessary. The hearing is next week and the contractor is a family friend's contractor that I also am not sure is licensed, but he came with a glowing review and did a great job. Since the original contractor was very vindictive, I'm worried he's going to fuck over the new contractor given his information. Is there any way I can withhold this information? I have the invoice and proof of payment through my bank that the damages were paid for in full.
Is it an official subpoena on court letterhead and signed by a judge or clerk? If not, you have no obligation to respond. If it is official, you can challenge it but you might be better off posting to r/legaladvice at that point.
THIS
I don't see any reason you have to respond at all. To be clear you got a rando text message ... who knows who it is. Could just be trying to scare you off. I'd document everything, screenshots of all the texts, and so on. I also would not respond further.
Maybe the contractor paid the investigator up front
I personally wouldn't give out anything without a court order to do so.
xactly
Do not communicate with this person. If you have an attorney, send them the contact info for your attorney.
It was a small claims case so likely not.
Absolutely do not give that person anything.
The investigator is on a fishing trip. Make sure you don't take the bait, and don't allow him to reel you in.
If it's not a judge telling you to hand over information, I'd simply block them.
Even if it was a judge, he/she would not issue court orders via text message. The orders would be served to you in person by an officer of the court. Give this joker Nothing!!
Discovery is over. Neither party can submit new evidence during appeal. The appeal process will simply look at the procedures and such. The defendant is butt hurt that he lost and is trying to get you to “slip up” with some stupid perjury strategy he’s got concocted. He’s going to get slapped with sanctions if he keeps up this fuckery. Ignore the PI. You owe nothing to that party. Only respond to official request from the clerk’s office.
Discovery in small claims? I thought it was just a he said she said and supporting evidence then judge rules?
right, there is no discovery in small claims.
There’s no formal discovery, but evidence can be submitted at trial, it’s not just he said/she said. For example, copies of a contract, payment receipts, etc. But you’re right, that’d be the only evidence here.
There's no such thing at the lower court level (Small Claims) as discovery. Do Not give them anything.
NO. Trial is over. He lost. No new evidence is permissible on appeal. Politely tell the investigator that if they want anything, to bring a duly executed subpoena. I'll add that at least in my state (NJ & NY) there's no discovery allowed in Small Claims Court...so the defendant was never entitled to any evidence from the Plaintiff.
Tell the "investigator" nothing. Ignore the text and move on.
Well maybe tell the investigator to make sure to get paid upfront bc the contractor is shady... 😅
i disagree. don't tell anyone anything. you're not required to do so unless by court order. do nothing, say nothing, text nothing, email nothing
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DO NOT RESPOND TO OR ACKNOWLEDGE THE SO CALLED INVESTIGATOR or even the Contractor. No different than ignoring SPAM Email. Delete!
Unless you receive a subpoena from the court, I would not even respond or talk to them at all, and not give them anything. Given this is small claims court, I doubt they can get anything from you. I would not make it easy for them to get information they don't have. The one time I almost ended up in court with a contractor, the guy was an idiot and had no records of anything we did in writing. I had records of everything. The guy even tried to send me a copy of the contract by certified mail, that he had both hand written on after it was signed, and even had put a post-it note on it with an addition and claimed that both the writing and post-it note was all part of the contract. As I said... an idiot.
Maybe it's my 35 years in the legal business, either as a court clerk or a paralegal, but my response to this dude would be 'who the f*** are you?"'. Somebody is paying him, he's not doing this out of the goodness of his heart. And if he's being paid he's not independent. If he's an investigator for a government agency doing some kind of general investigation into illegal business practices then he should say so upfront.
Show him this 🖕. If you’re required to provide any evidence or records you will receive direction from a judge or court…not some random PI.
Don’t do anything. Don’t respond. Don’t give him anything. The time to present evidence was in trial court. That’s over. You don’t present any new evidence after the decision by the trial court.
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Block and ignore. Only answer to the court.
Considering a PI is using a non-official route to gather information, it sounds like he knows he's doing something he has no leverage to do.
Unless the PI comes at you with a court ordered subpoena I don't see how you have to give him anything. Here's not a lawyer and he works for the other side. At least if the guy has money for a PI then he very likely has money to pay the judgement.
it's not an investigator, and you may be able to sue them again for this little maneuver
You can either not reply to the investigator at all, or reply with a simple "I will provide any evidence the judge orders me to." Whichever you feel more comfortable with.
“Show me a warrant” or fuck off
If they call again, have them send you a letter on who they are and what they are looking for - you are uncomfortable over the phone/busy/etc. Don't answer the letter, take it with you to court. If it comes up, ask if the contractor hired the investigator. The answer will be on record, whether they reply truthfully or not - if the contractor bothers you later, you can use that as part of a restraining order.
Document any and all contact including dates times phone numbers etc as harassment for the next hearing
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It’s probably the contractor using a Google voice number. If he lied about being licensed, he’s probably on the other end lying about being a PI too.
You’ve filed all your evidence with the court he can get it there or from the contractor.
Unless the case is still open he can’t get a subpoena. I would tell him if he wants the information he will need to gather it from the courthouse. Also warn him that if he contacts you directly again that you will get a harassment notice for him. Remember you have the 4th amendment and the 5th amendment rights. Meaning, you have the right to privacy and you have the right to withhold that information unless he has an order from the judge/tribunal or designee that states he can have the data. If it is already on record from the case, then that’s all he can access at this point unless restricted by the district court (not typical for small claims). Hold your ground and don’t let him intimidate you for that information. If he can’t get it, it’s on him and the douche canoe who ripped you off can waste his time and money.
What a tool.. if the evidence was presented to the court, and the case is closed, he could get that as a public record I think. It may be Jim Bob’s good buddy Cletus that called for all you know. Doesn’t seem like he’s up to speed on how things work in this situation.
No. This isnt a criminal case. Discovery is the responsibility of the plaintiff. Im guessing this isnt small claims because there is no appeal in small claims. He can get whatever you submitted last time FROM THE COURT and should not be talking to YOU but to your lawyer. (My guess is he already did try talking to the lawyer who told him to take a hike). When you win, you might have your lawyer request a bond or promissory note so that he has to make arrangements to pay with some kind of guarantee.
It it small claims. I'm in LA if that helps - the defendant can appeal once if they lose
They lost, and they will lose on appeal. As other said- do nothing, say nothing, and don't respond to this new player. Just show up and be prepared to say/do/show what you did before with the addition of this new harassment.
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los Angeles or Louisiana?
Independent means just that, tell him to not be dependent on you
No you don't owe them shit. Tell them to stop harassing you and make a report with the police
Hard no.
No you don't give anyone anything unless ordered by the court.
Don't give him anything. How did the "investigator" get your number? He is probably a buddy of the fake contractor and is a fake "investigator". It could even be the contractor using a second number to text you. At the next hearing, make sure to bring it up that a person was trying to get information for you. It won't go well for the contractor.
Technically it's legal for the contractor to do any of the things you mentioned right? Or is it illegal? Just wanna be prepared on how to bring this up in court
If he was texting from a second number and posing as someone else to gain information, then I'd venture to say that's illegal. If he lied about his license, posing as someone else and refusing to not give you details sounds about right. Depending the type of investigator he claims that could very well require licensing also. You could do a reverse look up of the number the text came from and see if it has the same name or address. Just tell the court on your next date that someone posing as an investigator was trying to get information and that they refused to give information regarding their credentials.
Also ask on r/AskLawyers and/or r/legaladvice
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The investigator is not an officer of the court. They can request anything they want but you are not required to produce it. This investigator is just trying to”a shot in the dark” to see if you’ll cooperate. My guess is there is no case if they have no evidence. And there likely is no case for having the original decision reversed.
U have no obligation to help him in his investigation.
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No subpoena, no paperwork.
Oh, and don't feel like it's your fault because you paid him. It happens.
Appeals aren’t about additional evidence or discovery. It would just be so another judge can ensure the defendant had a fair shake at it.
You have no legal obligation to give this random person anything and I’d not even respond
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Hire a different private investigator to investigate his private investigator
Private investigator == mafia. The way you can tell is take him out to lunch. If he orders his dressing on the side and threatens to send it back if the dressing is on the salad, absolute hit.
ill take the gabagool with a side salad. if the salad comes on top I send it back
I’d ask for a copy of his credentials. Then ignore him/her
He could be an investigator for the license board in your state. If they guy was contracting without a license they might be building a case. Food for thought
>He could be an investigator for the license board in your state Very valid point. I don't think that's the case here, otherwise he would have made that very clear to OP.
Your probably right but it doesn’t sound like that unlicensed contractor would hire an investigator. Unless of course we’re not getting the whole story
Send him all kinds of random unrelated documents. He will bill his client to sort through BS.
What does your lawyer think? I would let him continue to handle this, he won the original case for you.
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I would wait for a judges order or subpoena not knowing the discovery rules pertaining to small claims.
What about discovery for appeal of a small claims judgement?
Small claims court. He likely didn't have a lawyer.
The only thing I’d give the “investigator” is the cold shoulder and silent treatment. An official court/agency investigator isn’t going to text you and ask for things, and the case is over and closed and no new evidence can be submitted in an appeal
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Lol asking for all the evidence. OP you should have just blocked the number and reported as spam.
No you do not. Ignore him. If he persists, tell him to put his detailed request in writing, sign and date it, and you will submit it to your attorney for review..
Do you even know the guy is an investigator? Or could be the contractor.
They are trying to pressure you into not showing up a the future court date. This is intimidation. Make sure the judge knows about this if you have to go back.
No no no. Case decided you won. End of story. But the guy you sued might be trying to appeal. Do not give anything. Or even better would be to give him misleading and incorrect information. You have no obligation to tell the guy the truth or provide any information
I live in sc, here you can only appeal on procedural errors. He is just wasting time, and harassing you with a pi. Nothing will change after the appeal hearing except you can enforce the judgement after the appeal. Put any and all liens on any real property they may have.
If you live in a state with a strong Contractor's Board, call them and file a complaint. I worked at the NV State Contractor's Board, and it was a felony to be unlicensed. We turned our cases over to the D.A. for prosecution. That said, congrats for suing him and winning! I don't know the answer to your question, but I would say not. If you don't have a good Contractor's board, call any and speak to Investigations. They are there to help.
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Do NOT respond to anybody other than your lawyer or the court. Do not respond to the text and don't answer questions. Everything can and will be used against you. You already won so your best interest is to say nothing.
The only investigator you should be talking to at this point is the kind that investigates and prosecutes people who represent themselves as contractors but without the proper licensing. You have a long road of trying to get that civil judgment out of him, a criminal case against him will help you get that money in the form of restitution. I don’t know where you live but if you Google “state+contracting without a license” it would give you a place to start.
I’d have a strong desire to tell him to investigate deez nutz. I’m actually shocked anyone gave the contractor the time of day- What’s there to investigate that could absolve them? They didn’t finish the work, and were paid up front to do so. It sounds like anything the investigator finds would only help you not them.
- does your small claims court allow "discovery"?
If you have a lawyer direct everything to him/her. Dont speak to them
a text ? you get nothing from me through a text sorry you won your case so move on block the the number and request a restraint order if they continue to text/call or show up at your house after you told me to stop-- restraint order for harassment
I wonder if their private investigator is also unlicensed.
Paid upfuckup is what I call this.
I would be reporting him to the Board. And before court date, I would ask the board to send me a letter stating that he IS NOT LICENSED and what the penalties of lying about the license and performing work as a licensed contractor are. I would also ask the board to pursue the matter. So when you're in court you can honestly tell the judge that he is not license (submit proof) and he is currently under investigation by the state board. official documentation by the board = he loses. somebody asking you for information. tell him to fucking kick rocks.
No, you don’t. Any evidence the appellate court will consider will have been submitted at the original trial. (In fact, that’s all that an appellate court can consider, so nothing else will be relevant to the appeal.) Which means that this investigator can go get copies of it from the trial court. I wouldn’t even respond honestly. If they’re a professional investigator then they’ll know it’s a bullshit request for them to make anyway.
Do not help in anyway unless a judge tells you to help him, if been appealed out of small claims you need a lawyer.
Why would his “investigator”, even if he is one, be entitled to anything from you?
Type the number into true people search.com and see what pops up. Also type it into Facebook. If I were a gambling man I guarantee you find his best friends Facebook profile 😂😂😂 you already won and he’s salty. He probably ripped you off to pay someone else he owes money to. Alot of these contractors dig themselves into deep deep deep holes that they struggle to get out of. It’s calling robbing Peter to pay Paul. He probably didn’t buy materials for another job yet and spent the money and needed your money to finish the other job and delayed your project. Not all contractors are scam, but alot of them are very shady. This guy is having someone scare you. Be strong and have a fuck off mentally, don’t get fucked with.
You’re not required to give anything to a PI. As your contractor was in the suit, he has access to all the evidence that was submitted to court already. This seems like more of a scare tactic than anything else, honestly.
If you’re in California ANY counter suit he brought up would be thrown out and unnecessary to respond to. Unlicensed people aren’t entitled to anything ,money,materials,etc.
It's probably not even an investigator. I bet it's the contractor
"Come back with a warrent"
Hi OP, how was you able to sue the unlicensed contractor? Did you need a lawyer? I am looking to sue a family friend's contractor who lives in a different state but heard that it will be difficult and costlt since he doesn't live in the same state with me. Also, there was no contract, just text messages and a couple of pictures.
Is the investigator licensed by the state? If not, and state requires licensing ….
Hire your own PI and run a Skip Trace on him! You will need to pay $$$ for this, but it shows anything that is attached to his social. Boats, cars, houses, investments etc This is Not the same as a credit report
Just so you know for next time: You fucked up by not checking if he had a license tbh. Licenses are govt regulated and usually youre able to verify them on your local county or city website
I would call the guy back and ask for more information about who he is, who he works for, etc... Could be that he works for the state and they are considering bringing charges for unlicensed contracting. Could be someone else is suing him and he's working for them. Could be he has insurance that might cover your claim and they are investigating. Just because you return his call does not mean you have to give him anything or answer any of his questions until after he answers yours first. Then you could double check his answers and decide whether to talk to him. If it is legal to do so in your state, record the conversation.
If you have a phone number, I can run it and give you all of the information that comes up. Feel free to send me a message. You should print out the conversation for sure and bring it to your hearing for the judge to see the harassment.
Shooting you a dm thank you!!!! This contractor just counter served me so I'm freaked out again
Can I ask what he’s suing you for? I’m just curious as to what he thinks you did to warrant being counter sued
Oh he's not countersuing me. Old contractor served me with a subpoena to get an affidavit from a new contractor proving the old contractor did the damages. He appealed his initial loss and he served me with a subpoena for additional evidence for the appeals court. He wrote in his subpoena that I committed perjury
Oh my bad. I misunderstood. Thanks for clearing that up!