How do i get my money? I need an advice people

[aznbryan]

So here is the story... i worked for this guy and for his company as a labourer sub-contractor for like 3 months and he pay me ok over the 2 months ive worked for him, but after that month he didnt pay me and still owe me more than 3K

So i stop working for him because theres one contract that we lost and he is blaming me for it, so he fired me and i ask him if he is going to pay me for the 1 month i worked for him which is more than 3K and he said yes he will pay me and i contact him again after 2 days that he told me that and now he told me that he is going out of town and be back on the date that he gave me... so i waited...

i contacted him again to that date that he said he will be back from out of town and he told me he still not back. so i waited and waited and now i am pissed. so i want to get my money back ASAP because my daugthers bday is coming so i kinda need that money...

is there anyways? advice that i can get my money back from that fuker?. I am thinking of sue him or something, but not really sure what to sue and i dont have money to pay a lawyer!

So best advice would really help guys...

thank you

[turbo4dr]

I think you are fucked in the fucking ass with a wet dildo man!! Was he paying you under the table? Did you have any paper work that proves you were working for him? Do you have any proof that you worked that month he did not pay you for?
You can try small claims court if you wanna defend your self but if you get a lawer it might even cost you more than it would if you just got your money back...

[Alterac]

Put a lean on his house.. lol

[lumss]

light his arm on fire

[JRSC00LUDE]

Originally posted by Alterac
Put a lean on his house.. lol

You can't register a lien on someone's house based on a personal debt, only if you performed work/service and they didn't pay you.

You would have to get a court ordered judgement (writ) and then you could register that against his personal/business name.

[dropdat]

There really isn't much you can do. If you goto small claims and win he still doesn't really have to pay you, TONS of people get taken to small claims and never end up paying. Also, if you're a sub-contractor there really is no way of proving that you worked the hours you claim, or that you even worked at all.

The guy probably doesn't even have your money if he's claiming to be out of town when you call to collect. I say the best way is to goto his site/office and confront him in person. If you're a sub-contractor then you were probably getting personal cheques which most contractors carry with them, force him to give you one on the spot. Even if he does pay you on the spot and cancels the cheque that proves that you did the work and he's just jerking you around, that's when you can take him to small claims and have a strong chance of winning.

Goodluck, and if you like working contruction and don't mind being a labourer or have the skills to be more, message me, I'm always looking for guys.

[JRSC00LUDE]

Originally posted by dropdat
There really isn't much you can do. If you goto small claims and win he still doesn't really have to pay you, TONS of people get taken to small claims and never end up paying.

If it had to be taken to the court route, you wouldn't go through small claims you would go through the Court of Queen's Bench, likely starting with the Local Registrar. Assuming you can back up your claim and get a judgement in your favor you would then get a Writ of Execution issued from the Sherrif's office. That is what you could encumber his name with by registering it in the Personal Property Registry, it would come up on any subsequent credit checks and wouldn't allow property to transfer into his name without being dealt with. You may also be able to register it against his home at that point (depending on whether it was issued in personal or business name) and the property could not be transferred without your interest being dealt with.

All that info. is based on sk. laws but other than perhaps some terminology/finer points of detail I would assume the majority of it would be true of the Ab system as well.

[78si]

Originally posted by aznbryan
So i stop working for him because theres one contract that we lost and he is blaming me for it, so he fired me

http://forums.beyond.ca/st/205587/fs-red-93-civic-dx-hatch-very-clean-no-mods/
:rolleyes:

[Smokem]

ha guys?

[Maddog55]

He can put a lien against a house/job that he worked on and didn't get paid for...but if it's been over 45 days from the last day you worked on that particular job..then you're hooped.

If you're within 45 days....you can put a lien on. It's easy to do yourself and only costs $35 bucks.

Here's some info on it:

Builders Lien Act (http://www.qp.gov.ab.ca/documents/Acts/B07.cfm?frm_isbn=0779726944)

Builder's Lien Procedure (http://www.servicealberta.gov.ab.ca/pdf/ltmanual/BUL-1.pdf)

[Mazstyle]

The builders lien does not apply here at all! His problem is with his employer. If he puts a lien on a house (or tries to) the home owner just has to show their receipt/contract details and that they've paid and all specs were met.

[Maddog55]

Originally posted by Mazstyle
The builders lien does not apply here at all! His problem is with his employer. If he puts a lien on a house (or tries to) the home owner just has to show their receipt/contract details and that they've paid and all specs were met.

Wrong..his problem is with a guy he "sub-contracted" from. Any jobs that he worked on...if he does not get paid in full from this guy..he can throw the lien against the job that he worked on....wether it was landscaping or whatever...it was obviously at a property..and that is the property that he puts the lien on. (not against his employer's house)

Trust me..I've gone through this many times...I have an expensive lawyer that's walked me thru them all.


I had one guy work for me as a $12 an hour helper...I fired him for lousy work...when payday came around...he didn't show up. instead he threw a lien against the job I was doing. A high-rise apt building. That lien (for $1200) shut the entire sales down for that whole project....General contractor was livid at me!! I had to go with the guy down to city hall to pay him out...and lift the lien immediately.

Liens work! I've done it twice here in Calgary...one was against Ellis Don at the Calgary Airport renovation job...Both times my lien worked.

[aznbryan]

all the cheque that he gave me, its from his company and its not a personal cheque!

also i have an invoice for 2 month that he paid me and 1 month that he didint...also i got his txt messaging saved on my cell saying his paying me and hang on and all the bullshit....

[Maddog55]

Originally posted by aznbryan
all the cheque that he gave me, its from his company and its not a personal cheque!

also i have an invoice for 2 month that he paid me and 1 month that he didint...also i got his txt messaging saved on my cell saying his paying me and hang on and all the bullshit....
Keep all that...you'll need it.
Phone down to city hall, Bryan. They'll tell you the exact steps to take. It's a bit of legwork. first to city hall to get the legal description of the property you're liening..then over to another building to register the lien...but they'll walk you through all the steps necessary.

[aznbryan]

Originally posted by Maddog55

Keep all that...you'll need it.
Phone down to city hall, Bryan. They'll tell you the exact steps to take. It's a bit of legwork. first to city hall to get the legal description of the property you're liening..then over to another building to register the lien...but they'll walk you through all the steps necessary.

do you know there phone number? so i can just contact them? i really want to get that money before feb 08... because thats my daughters bday on that day

[aznbryan]

Originally posted by Maddog55
He can put a lien against a house/job that he worked on and didn't get paid for...but if it's been over 45 days from the last day you worked on that particular job..then you're hooped.

If you're within 45 days....you can put a lien on. It's easy to do yourself and only costs $35 bucks.

Here's some info on it:

Builders Lien Act (http://www.qp.gov.ab.ca/documents/Acts/B07.cfm?frm_isbn=0779726944)

Builder's Lien Procedure (http://www.servicealberta.gov.ab.ca/pdf/ltmanual/BUL-1.pdf)

hey man, i read this from the link you gave me http://www.servicealberta.gov.ab.ca/pdf/ltmanual/BUL-1-FORMA.pdf

do i print this and fill it up? if so where do i send it?

[aznbryan]

oh find it, i know where to send it now. god so danm! lol

do i have to put some cheq copies? invoice copy? or somethng like proof to them? or ill just send this piece of paper?

when do i get a respond after i sent it? what else do i have to do after i sent this? coz i want to get the money ASAP. you think thats posible?

[aznbryan]

Originally posted by dropdat
There really isn't much you can do. If you goto small claims and win he still doesn't really have to pay you, TONS of people get taken to small claims and never end up paying. Also, if you're a sub-contractor there really is no way of proving that you worked the hours you claim, or that you even worked at all.

The guy probably doesn't even have your money if he's claiming to be out of town when you call to collect. I say the best way is to goto his site/office and confront him in person. If you're a sub-contractor then you were probably getting personal cheques which most contractors carry with them, force him to give you one on the spot. Even if he does pay you on the spot and cancels the cheque that proves that you did the work and he's just jerking you around, that's when you can take him to small claims and have a strong chance of winning.

Goodluck, and if you like working contruction and don't mind being a labourer or have the skills to be more, message me, I'm always looking for guys.

that will be nice man, im always interested. what do i do?

but i dont want to happen to me again, what happen with that fuker.....

[Maddog55]

Originally posted by aznbryan
oh find it, i know where to send it now. god so danm! lol

do i have to put some cheq copies? invoice copy? or somethng like proof to them? or ill just send this piece of paper?

when do i get a respond after i sent it? what else do i have to do after i sent this? coz i want to get the money ASAP. you think thats posible?

Well if you do all that through the mail...there's no way you'll have it settled by Feb 8. The fastest way is to register the lien in person at city Hall...and the other place...(forget the building, but City Hall will tell you)

Word of caution though...once you register the lien it could take months before you see the money.

What I would do first is, like Dropdat suggested, go to the guy in person. Ask him nicely for the outstanding amount...if he starts to hum and haw and think up excuses...just tell him nicely that if you don't get the money right away you'll have no choice but to register a lien...sometimes that will convince him enough to pay up. Or you may want to offer a settlement...75 cents on the dollar, say....he might go with that. But once you do the lien...it will piss him off..and it could take a while to see your money.

[urban.one]

Interesting. Theres got to be more to the details of the law though.

Example: Im renovating my house. I pay my contractor. The job gets completed. He doesnt pay his subcontractor. Subcontractor slaps lien against my house. How does this work? I have no contract with the subcontractor. The subcontractor can come after me for the money? Theres got to be more in the details of the law.




Originally posted by Maddog55


Wrong..his problem is with a guy he "sub-contracted" from. Any jobs that he worked on...if he does not get paid in full from this guy..he can throw the lien against the job that he worked on....wether it was landscaping or whatever...it was obviously at a property..and that is the property that he puts the lien on. (not against his employer's house)

Trust me..I've gone through this many times...I have an expensive lawyer that's walked me thru them all.


I had one guy work for me as a $12 an hour helper...I fired him for lousy work...when payday came around...he didn't show up. instead he threw a lien against the job I was doing. A high-rise apt building. That lien (for $1200) shut the entire sales down for that whole project....General contractor was livid at me!! I had to go with the guy down to city hall to pay him out...and lift the lien immediately.

Liens work! I've done it twice here in Calgary...one was against Ellis Don at the Calgary Airport renovation job...Both times my lien worked.

[Maddog55]

Originally posted by urban.one
Interesting. Theres got to be more to the details of the law though.

Example: Im renovating my house. I pay my contractor. The job gets completed. He doesnt pay his subcontractor. Subcontractor slaps lien against my house. How does this work? I have no contract with the subcontractor. The subcontractor can come after me for the money? Theres got to be more in the details of the law.



Yes that's exactly how it works. Thats why if you are hiring contractors you want to make sure that all of thier subtrades have been paid in full.

Also you need to make sure he and all his subtrades have thier WCB premiums paid and up to date..otherwise compo will come after the homeowner for any claims.

[copynpaste]

Sorry to hear about your situation, hope youre still able to spoil your little girl for her birthday. You should ask him how he would feel if he was in your shoes with a childs birthday coming and not having the money to spend on her. Cant believe some people.:thumbsdow. Hope you fuck him over, dont let it slip, 3k is a lot of $.

[aznbryan]

Originally posted by Maddog55


Well if you do all that through the mail...there's no way you'll have it settled by Feb 8. The fastest way is to register the lien in person at city Hall...and the other place...(forget the building, but City Hall will tell you)

Word of caution though...once you register the lien it could take months before you see the money.

What I would do first is, like Dropdat suggested, go to the guy in person. Ask him nicely for the outstanding amount...if he starts to hum and haw and think up excuses...just tell him nicely that if you don't get the money right away you'll have no choice but to register a lien...sometimes that will convince him enough to pay up. Or you may want to offer a settlement...75 cents on the dollar, say....he might go with that. But once you do the lien...it will piss him off..and it could take a while to see your money.

ive been doing that, ask him nicely. but he just told me ( man fuck off, im going to pay you just wait. but ive been waiting and waiting never happen! and he said that he still not in town, but i dont think thats true though. becuase he has lots of cleaning contract here, so i dont think he'll that just like that to other people!

eneways, i dont do the home renovation, i just do the cleaning sub-contractor! is this still the same CASE?

[aznbryan]

Originally posted by copynpaste
Sorry to hear about your situation, hope youre still able to spoil your little girl for her birthday. You should ask him how he would feel if he was in your shoes with a childs birthday coming and not having the money to spend on her. Cant believe some people.:thumbsdow. Hope you fuck him over, dont let it slip, 3k is a lot of $.

thanks for your concern.. but i dont think that man would listen, he doesnt care. but yea if i dont get the money. its ok im still gona give my daugthers 2nd bday party... ehehehe

[Maddog55]

Originally posted by aznbryan


ive been doing that, ask him nicely. but he just told me ( man fuck off, im going to pay you just wait. but ive been waiting and waiting never happen! and he said that he still not in town, but i dont think thats true though. becuase he has lots of cleaning contract here, so i dont think he'll that just like that to other people!

eneways, i dont do the home renovation, i just do the cleaning sub-contractor! is this still the same CASE?

doesn't matter what you do for him.....you could be sweeping the floors. you were hired by him to do work on a job...end of story.
Tell him you have no choice but to file a lien. then just consider it money in the bank and sit back and wait. The owner cannot sell the property/building with liens attached, nor can he get further drafts/loans/lines of credit from said property/building until all liens have been lifted. The owner might even pay you instead and then hold it back from any monies owing to your former boss.

[tc3]

*edit* +1 Lien the place

Tell him you're going to do it and make him look bad to his customer(s). It may scare him enough into paying you to save his rep.
But have the paper work ready to submit, it may help show you're not bullshitting. Also, you are more likely to do it it he doesn't pay up.

[aznbryan]

so my best bet is go to city hall and registered for a lien!?! what do i have to bring with me? to registered!?! any paper works that i need to bring!?!

after i registered, ill just wait till the guy pay me!?! what if he doesnt pay? can he still get a Cleaning contract?

[aznbryan]

Originally posted by tc3
+ Lien the place

Tell him you're going to do it and make him look bad to his customer(s). It may scare him enough into paying you to save his rep.
But have the paper work ready to submit, it may help show you're not bullshitting. Also, you are more likely to do it it he doesn't pay up.

what do you mean + lien the place? and paper works ready to sumbit to who? thank you

[Weapon_R]

Download all of those documents, and have someone prepare it for you. Since you are going to need an affidavit, you might as well have your lawyer do it all for you, since it won't cost you more than an hours worth of time.

[aznbryan]

Originally posted by Weapon_R
Download all of those documents, and have someone prepare it for you. Since you are going to need an affidavit, you might as well have your lawyer do it all for you, since it won't cost you more than an hours worth of time.

Download the documents? and prepare the avidavit? i dont have anything or any contract papers from the guy!?! i just have his txt messaged saying he was going to pay and make me wait and wait and saying this all bullshit and the invoice i got for him that i just write paid.... but i have a proof that he pays me, because i have a record of my bank say his company name there! so is that what you mean!?!

thank you

[aznbryan]

also if i hire a lawyer? how much do i have to pay him/her?

[Bushy]

Why did he blame you for losing the contract? Could it help any if you goto the owner of the house and let him know you were never paid and you may have to put a lein on it, and maybe he could put pressure on the contractor?

[aznbryan]

Originally posted by Bushy
Why did he blame you for losing the contract? Could it help any if you goto the owner of the house and let him know you were never paid and you may have to put a lein on it, and maybe he could put pressure on the contractor?

i dont clean house, we clean office and some resturant sub-contract for him... so you saying i go to the place i cleaned and tell them the story? and help me out?

[Bushy]

Yea id speak to the owners of the businesses and let them know whats going on, maybe they will talk to the contractor because they propably dont want any legal trouble or leins. Id try that before legal action, legal action could take alot of time

If the businesses speak to him, he might take care of it right away because he wont want too look bad or lose another contract.

[aznbryan]

so what is the best line i should say? could u help me!?! i would really really appriciate it!

have this happen to you before!?!

[Bushy]

nothing like this, but i was in an accident and having trouble with the insurance conpany. was just about ready to goto court, then I spoke to the lady that hit me and when she found out her insurance company hadnt paid me she called them and worked it out, because the didnt want to goto court and knew she was at fault.
I would call them and just say "hi my name is bryan, and i was subcontracting for "cleaning company" and have not yet been paid for my last month of employment, I have been looking into legal action that would involve putting a lein against the businesses he contracts with but wanted to speak to you first and see if you would be willing to ask him about it, as I dont want to cause any trouble for you"

[aznbryan]

Originally posted by Bushy
Yea id speak to the owners of the businesses and let them know whats going on, maybe they will talk to the contractor because they propably dont want any legal trouble or leins. Id try that before legal action, legal action could take alot of time

If the businesses speak to him, he might take care of it right away because he wont want too look bad or lose another contract.

thats a good idea, why i didnt think that in the first place... but anyways i dont know what to say to the manager/owner... can you give me some line?

[aznbryan]

Originally posted by Bushy
nothing like this, but i was in an accident and having trouble with the insurance conpany. was just about ready to goto court, then I spoke to the lady that hit me and when she found out her insurance company hadnt paid me she called them and worked it out, because the didnt want to goto court and knew she was at fault.
I would call them and just say "hi my name is bryan, and i was subcontracting for "cleaning company" and have not yet been paid for my last month of employment, I have been looking into legal action that would involve putting a lein against the businesses he contracts with but wanted to speak to you first and see if you would be willing to ask him about it, as I dont want to cause any trouble for you"

thanks alot bushy. is there any due date to register for lein anyways?

thank you

[hassanc21]

Within 45 days of working on the job site.

[aznbryan]

so after 45 days of working on the job and i didnt file a lein... there is no way i can register again and report that guy?

[Weapon_R]

Yes, after 45 days, you cannot register a lien.

[aznbryan]

danm...... what do i need to so i can register? do i need any papers/contract proof that i worked for him?are they gona ask me for that? or just go there and say my name and his name and info and shit?

[Weapon_R]

Originally posted by aznbryan
danm...... what do i need to so i can register? do i need any papers/contract proof that i worked for him?are they gona ask me for that? or just go there and say my name and his name and info and shit?

As it has been said MANY times already, you need to read those links already provided, fill out the forms, and take them to city hall. You can also have someone prepare them for you if you wish.

[aznbryan]

oh ok mah bad... thanks ill do this on tuesday after i contact all the business contract that hes dealing with first....

thanks guys for helping me out! really appriciate this!

[beyond101]

Two things...

why do u spell DAMN = danm?
FUCKER - fuker?