Old Balance

[anwjet]

At the time of filing I never got any invoices form a sub contractor for a job my contractor did one year before filing.
I filed for Chapter 7, and I got discharged, now after 8 months he comes to ask for what ever he ows the contractor?
can he do that ?

[tobee43]

if you can explain just a bit further it may be helpful.

are you saying that a contractor you hired to do a job has a sub-contractor that was on the job and didn't get paid and now is billing you?
did you list the contractor on your petition when you filed?

as a sub contractor the person should be going after who hired him/her, but nowadays people try everything and anything. also did you sign anything under the original contract that outlined you were to pay any sub contractors directly?

[anwjet]

The contractor is not billing me, he finish his work before I filed Ch-7, he never billed me and we are much done with payments, but the contractor went out of business, and I guess he did not pay the subcontractor and now he is asking me for his balance.
I never sign any thing with the subcontractor. The contractor was the one who hired him and dealt with him directly.

[shark66]

Tell him to go pound sand...

Good luck to us all.

[tobee43]

Tell him to go pound sand...

Good luck to us all.

exactly!! what nerve these people have!

no, i didn't think the contractor was billing you, i thought it might be a sub contractor that was hired by your contractor. tell him to go after the other guy, his deal was with HIM and not YOU!!

best of luck!

[df04527]

Possible he can put a lien on the property? I know zero about it but understand there is a mechanics lien? Maybe someone knows more about this. Were you a no asset case?

[shark66]

To be able to put a mechanic's lien you'd have to have some type of paperwork signed by both sides...not going to fly in this set of circumstances.

Otherwise, I could come out and claim that I've done work on your house although I don't know you from Adam, and put a mechanic's lien on it...

There's one asset I'm very glad I exempted...and it comes in 9mm Makarov...

Most trash-talking folks come to their senses when they see it...

Good luck to us all.

[mountanddo]

Well you got to give this guy credit for at least trying!

[shark66]

Well you got to give this guy credit for at least trying!

What I would GIVE him would be 30 seconds to leave my property...or else...

Good luck to us all.

[malf1204]

All debts are discharged correct? If he did not know about the debt he could not list it but it was still discharged.

[tobee43]

All debts are discharged correct? If he did not know about the debt he could not list it but it was still discharged.

did you list the contractor on the petition?

however, again, as shark pointed out, as well as myself, you had NO agreement with this person, they can't put a lien on your property, or sue you as you had NO contract with him.

[GoingDown]

Speaking as someone who has worked extensively in the construction industry, I can assure you that this subcontractor doesn't have a chance of collecting anything from you.

Stop all communication with him. Don't send him anything in the mail, don't sign anything... you don't want him to get your signature on anything. And don't talk to him on the phone ever again. Assign him a silent ring tone, if you can.

Put up a "no trespassing" sign, and if he comes to your door, tell him you are calling the police on him (through the closed door, don't open the door to anyone like this), and then if he doesn't leave immediately, call the police on him.

Without a signed agreement from you, he doesn't stand a chance of winning in court, and I'm sure he knows this, and will probably never take it that far. But if he does sue you, file a written answer and appear in court, and you will win against him.

Bankruptcy is irrelevant in this case. His only agreement was with the main contractor. That is the only person or company he could legally attempt to get money from.