Legal Question in Credit and Debt Law in Virginia
My girlfriend's father is a sub contractor. He performed work for a contractor at an apartment building being remodelled in DC in August. When my father in law asked for payment, the contractor told him that the property owner has not paid him therefore cannot pay him. This is not true, the contractor continues to perform work at the property to this day. My father in law has tried to contact him by phone and so have I, to no avail. The contractor will not pick up the phone nor respond to voice mails requesting a return call. Here we are in December and the contractor has not made any attempt to make any sort of payment arrangements.
We are thinking about filing a warrant in debt for the amount owed (around $9,000) and put a freeze on the contractor's accounts since his company is based in the same county my father in law lives. What is the maximum amount of interest that can be applied? Also, can my father in law ask for attorney fees if he files the case himself and if so up to how much? I am a legal assistant at a bankruptcy firm so I am usually on the other side of the fence. I want to tell my father in law to hire an attorney but he cannot presently afford one (based on the fees my boss charges for a bankruptcy). I will be much obliged with any assistance you can provide.
1 Answer from Attorneys
Judgment interest in the Commonwealth is now around 6% per annum (I believe).
The subcontractor, however, would first have to obtain an enforceable judgment
against this contractor before any of his accounts could be seized(levied against).
No, attorney fees are not likely to be collectible under this scenario.
The subcontractor, however, may want to consider filing a mechanic's lien
against this property in DC whereon he expended his labor and, perhaps,
materials. This lien would need to be filed under the requirements of DC
law which govern such liens and in the land records of the DC Superior Court.
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