I've won a lawsuit, what now?

by **garbhach65** » Mon Dec 12, 2011 2:03 am

We sued the roofing company that did our house. We were supposed to have a 10 year parts and labor warranty. It started leaking within a year and they didn't honor the warranty. We won the cost of a new roof, money for interior damages, and lawyer fees.
I know this roofer is broke, we all are. My question is, do roofing companies have to be bonded? Does the bonding company pay out for things like this (like malpractice insurance?)
My lawyer is VERY difficult to get a hold of, I've had this same question since we initiated the lawsuit.

by **ammi** » Mon Dec 12, 2011 2:20 am

There is no universal answer. In my state, licensed contractors are bonded. Unlicensed ones are not. Your statement that the roofing company is broke is questionable. They may have trucks and equipment that can be seized and sold. They may have accounts receivable or other assets that are available. If the company is not incorporated, you may be able to go after the personal assets of the owner.
The enforcement mechanisms to enforce a judgment are different in every state or country.

by **hussein** » Mon Dec 12, 2011 2:33 am

good for you first of all if you cant seem too find your l lawyer or apparently the lawyer went broke and dosent have a secutary. when you won this lawsuit if you did, then why your legal questions wrent anwsered then is beyond us. sounds like a, a mickey mouse lawyer. you get what you pay for.

by **vaiveatoish** » Mon Dec 12, 2011 2:39 am

They should also have insurance to pay for stuff like this. And if your lawyer does not respond to your messages within 48 hours, then file a complaint with the State's bar authority.

by **nann** » Mon Dec 12, 2011 2:45 am

HOORAY FOR YOU!!!!

by **ear** » Mon Dec 12, 2011 2:50 am

Its strange that you should not have gotten an answer to this, and had limited access to your attorney. Best make an appointment to see him.

No offense b/c I don't know your situation. In my experience, though, some clients have gotten pretty chaffed b/c they generally assumed their attorney would be available 24/7 & not all lawyers are like that. Not having 24/7 access results in some clients feeling slighted. If the attorney is part of a firm, and you can't see him, ask to meet with a managing partner of the firm.

If, most likely, he's a sole practitioner, go to the courthouse & ask for a referral to your local Legal Aid entity. They offer legal services for free. In your case, they may at least provide you with your answer. Regardless, still make that appointment with your attorney. Even if the case 'settled' through the court or through a negotiated settlement you're still needed by your counsel to go in & sign off on the agreement. Not only does this result in your getting your money but it also releases his cut of the settlement to him.

Regarding the roofing company, it varies from state to state. What's more, some operate without the required insurance. Heck, look at how many motorists are out there driving without even a basic insurance policy!

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