My ex sued Lowes (Kokomo) for shoddy work and won. How does she collect?

[Spear Dane]

My ex sued Lowes for shoddy work and won. My ex wife had some work done by a Lowes contractor which was TERRIBLE. After trying to gain satisfaction for months with no joy whatsoever she sued Lowes by name in Superior Court
and won a $5,100 default judgement today...they no showed. Now she's wondering...how to collect? What happens next? Thanks for any help.

 

[K_W]

The court will notify Lowes of the judgement and they will send the money to her attorney or to her address of record... that is unless (and they will) appeal.

 

[HoughMade]

The court will notify Lowes of the judgement and they will send the money to her attorney or to her address of record... that is unless (and they will) appeal.

You are an optimist, aren't you.

 

[K_W]

You are an optimist, aren't you.

Half... I said how it should work, and how it will work.

 

[HoughMade]

The first thing Lowes is going to do is claim that they never got service of the lawsuit. Maybe they did, maybe they didn't. If your ex did not have an attorney I would speculate that the summons was not addressed to the correct entity at Lowes to achieve service of process.

Even if it was correct, they will claim someone screwed up and did not hire counsel. However, then she is in the driver's seat because it is harder to overturn a default if they got service and someone just dropped the ball. She will soon start hearing about the fact that the contractor was an independent contractor and Lowes is not liable for him...which is probably true, but only really relevant before a default.

So let's assume that the judgment stays good and there is no litigation over the default itself or an appeal (you can hope). If they don't just willingly pay the judgment, you have to start proceedings supplemental. That's a process of discovering assets and (hopefully) obtaining some. In other words, she has to act to collect the bill. the court does not send people out to do this.

Here is a publication from my home county. I suggest using a lawyer.

http://www.porterco.org/documentcenter/view/254

 

[AtTheMurph]

I was going to say the same thing. They are going to appeal and she might get some money (or probably won't since I am sure the contractor has ultimate responsibility as stipulated in the contract) but probably only from the contractor.

I won a fairly large settlement from an insurance company (bought me a brand new Mercedes as a deal with my wife. Neither of us thought we were going to win.) I think it took them 2-3 months to actually cut a check, and then the check didn't come to me, but to my attorney. He then cut a check to me for my part which he tried to screw me on! I had to produce our contract to him and get him to fork over an additional 10%.

 

[HoughMade]

...He then cut a check to me for my part which he tried to screw me on! I had to produce our contract to him and get him to fork over an additional 10%.

Ah, plaintiff's attorneys. The champions for the "little guy".

 

[printcraft]

...... I think it took them 2-3 months to actually cut a check, and then the check didn't come to me, but to my attorney. He then cut a check to me for my part which he tried to screw me on! I had to produce our contract to him and get him to fork over an additional 10%.

That dumbass is playing with fire.

https://www.in.gov/judiciary/discipline/2373.htm

[h=3]What are some examples of rule violations for which lawyers may be disciplined?[/h]

• Not promptly giving you money that your lawyer has collected on your behalf or not providing a complete, written accounting for that money.
• Unreasonably failing to respond to your requests for information, tell you about court dates, or appear in court.
• Being dishonest with you, a third party or a court, or advising you to lie.
• Improperly representing conflicting interests.
• Neglecting your case.
• Settling a case without your permission.
• Failing to return your papers upon request at the end of your case, provided you have paid fees that are due.

 

[yeahbaby]

I think Lowes is in big trouble. About a year ago I was in the Portage one. I was looking for some advice on a project. Finally got ahold of a worker and asked where the hell everyone was. The guy said management was told to cut hours to avoid paying benefits. So most of the skilled workers flew the koop to Menards. The Portage one closed in late January. My youngest brother had some work done by one of their contractors out of the Merrillville store. The work done was ****ty at best. Had to have them come out several times to make it right.

 

[Trigger Time]

I had a contractor rip me off for several thousand dollars. Lawyer told me he could get me a judgement of maybe 15k or more but his fees could potentially cost me 10k and then the guy may not have any assets to grab (common). Balls in my court. I chalked it off as a loss and a big life lesson. So I could break legs and possibly go to jail. Or pay 10k plus my original loss and be out 10k more and never get paid. What would you do?
The system sucks

 

[Alamo]

She can't just take a copy of the decision to the nearest Lowe's and load up her shopping cart with $5100 worth of stuff? Pity.

 

[HoughMade]

She can't just take a copy of the decision to the nearest Lowe's and load up her shopping cart with $5100 worth of stuff? Pity.

I'm not going to say "no" because I've never tried it.

 

[spec4]

Lowe's no doubt has a mechanism for dealing with this. You just need to figure out what it is and proceed. I'd start with their chairman.

 

[long coat]

It takes some time, but yes she can show up with a truck.
Homeowner Forecloses on Bank of America | TIME.com

 

[hoosierdoc]

Ah, plaintiff's attorneys. The champions for the "little guy".

Most plaintiff’s attorney’s ARE short, Hrm...

 

[BiscuitsandGravy]

That dumbass is playing with fire.

https://www.in.gov/judiciary/discipline/2373.htm

How/where can one find if an Indiana Attorney has been disciplined or had any complaints?

 

[gregkl]

Something to consider: if a contractor has to work with one of the big box stores, you may want to look elsewhere. Good contractors are usually covered up with business and don't need help "marketing" their business. Word of mouth is all they really need.

I might hire a guy who does work for a big box store but I wouldn't ever hire one through the big box. I hire direct.

 

[churchmouse]

Something to consider: if a contractor has to work with one of the big box stores, you may want to look elsewhere. Good contractors are usually covered up with business and don't need help "marketing" their business. Word of mouth is all they really need.

I might hire a guy who does work for a big box store but I wouldn't ever hire one through the big box. I hire direct.

^^^^^^^^^This^^^^^^^^^^^^^^^

Have you ever seen those cats that run out of the big box stores.......

 

[2Lucky]

Depends on lawyer. Some bill for hours used and other dont charge unless you win. My lawyer is the latter and takes 1/3........

 

[littletommy]

It’s pretty sad, Lowes used to be the only place I’d go, that was back when they were an actual lumber yard. Now, I only go there if I absolutely have to. Menards, which has its faults, too, is just much more pleasant to deal with and I’m pretty confident I will leave the store with exactly what I went in there to get (not to mention another $100 or so worth of impulse buys).