My husband and I have a Carpentry business. One of our subcontractors is claiming we owe them money, it's been going through court for 2 years and hasn't gotten anywhere. They levied $4,800 last year and we were able to get back $1,000. We have filed motion after motion, now they have levied another $2,500 from the business account. Total they are saying we owe is $10,000, we believe it is only $4,000. I don't know what else to do from here, I can't just keep filing motion after motion. We have tried to contact the other party and set up some kind of payment plan to settle, but they will not get back to us. We need some legal advice at this time. Thank you!
Motion after motion to do what? You said, I believe it is only $4,000. So, there is something and you are aware of it. There is a dispute, and you could resolve it through a lawyer or mediation to eliminate the problems for ever on the account. The comments contained herein are for general informational purposes only and may not be construed as rendering legal, tax or accounting advices. For specific advice, always consult your adviser. Good luck. Zaher Fallahi, Business and Tax Attorney, CPA, MBA, MS.
You say that the case has been going on for two years, but hasn't gotten anywhere; however, that does not make sense when you say the subcontractor has already levied on your funds. You can only levy on assets AFTER you obtain a Judgment. You can only obtain a Judgment after a trial; or by default if you did not appear. Was there a trial? Did you appear at trial and oppose the subcontractor's claims? Filing "motion after motion" is not going to help you if there is no real basis to argue against the Judgment. While you probably do need to speak with an attorney, the time to get legal advice was BEFORE judgment was entered against you.
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The levy indicates that there is a judgment against you. That means the case is over and you owe the amount of the judgment. They will keep hitting your accounts until they are paid in full. You need to speak to a lawyer to see if there is anything that can be done.
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The 10K probably takes into account their costs to collect as well like legal fees. If you need legal advice you should hire some to review your specific contract/case/previous results.
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