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    lagilliam's Avatar
    lagilliam Posts: 1, Reputation: 1
    New Member

    Sep 4, 2007, 12:40 PM
    Sued a Builder
    In 2002 we sued a Builder due to the negligence on his part of not paying contractors and then taking all the money we had in the account for the construction draws. The bank was not to release the funds without our permission in which they did not care. We got a judgement against the builder, but it is in a small community in Michigan where they know the man no one on the sherrif's department will help serve the papers. We found out he was arrested for child support and the server went to the jail to serve him and the sheriff would not allow it to be done. We have tried everything and have lost the house in foreclosure with the bank, due to this. A house that was to cost only $250,000 to build on our 25 acres we lost is all and it has cost us over 1 million in everything. HOW can we get this man served to appear in court and pay us? We do not have any money left to pay the rest of the creditors and they are now taking us to court.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Sep 4, 2007, 01:28 PM
    You say you got a judgement against the builder. What papers are you trying to serve on him? Once you are awarded a judgement, there is really nothing to serve on him. You need to get orders to attach his assets and serve those orders on the banks that hold the assets.

    Also, why didn't you sue the bank? If they were required to hold funds unless you approved disbursement, then they are liable and should have been sued.

    If you are being stymied by sheriffs that won't accept a assignment from you (sheriffs are generally political appointees so cronyism is rampant). Then you need to contact the state agency that oversees sheriffs.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member

    Sep 5, 2007, 03:34 AM
    Most states do permit private process service, look up the rules in your state, if means anyone over the age of eighteen can personally serve the papers, and sign a affidavit to the fact.

    Then the papers can be submitted to the court and you can attach whatever you can find.

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