Worth it to go after contractor?

[Brianne H.]

To make a long story short, last year (fall 2018) we had hired a contractor to build a garage, and materials that were paid for and "ordered" never showed up. This was my first serious bad experience with a contractor, and despite checking references, having a written contract, and this being a friend of an acquaintance, let's just say there were some lessons learned of what not to do, and leave it at that. 

Here's my question though, is it worth it to go after him in court? Some important factors to note:

- Since this happening, I'm not the first person this has happened to, he's ripped off at least 20+ other people I can get in contact with. (Makes me feel only slightly better). 

- Outstanding amount I'd go after him for is $19k. 

- It's my understanding that someone else took him to court and won (2-3 years ago?) and has a garnishment on his bank account, and might see a couple dollars here and there, but not much else. Would this person have first priority for wage garnishment? I'm not sure. 

- It's unclear if he works at a legit company any more as I've heard he's self employed now. 

- He recently separated from his wife and has 3 kids he no doubt will be obligated to pay child support to. 

- I suspect he has a LOT of other debts, and in our correspondence where he's admitted guilt, he's also said he has talked to a bankruptcy adviser, but can't yet bring himself to go down that road. Whether that's actually true or not, I suspect declaring bankruptcy would be in his best interest due to how many debts I suspect he has. If I get a court judgement against him, could that be wiped out with bankruptcy? 

- He owns nothing  - he rents, and doesn't have a vehicle that's worth much of anything. I don't even think he's got that many tools. 

- If I file in court, it's a $200 filing fee, plus then the time in court. I have no doubt I'll win, but collecting on a judgement is an entirely different story, and would I just be throwing good money after bad at that point? (Plus I also need to physically find him to serve him, and he's not at the address I have listed for him.) Also I'm going to be having a baby this summer, who will require several surgeries, so trying to get to court (who knows how long of a wait) between all of this is going to be more challenging that usual. The statute of limitations is 2 years, so I still have a little over a year. 

- In December, after promising he'd repay the money owed (everything is by email so I have it in writing) I received a $1000 e-transfer from his wife (right before they separated). That's the only money I ever saw from any promised repayments. 

- If you're thinking, "Why don't you just report him and the police will get him for fraud?" I did, which I how I learned he's done this to many others. However, because A) we have a contract, and B) He showed up on the job site at least once, it's a civil, contract issue, and not a criminal one and they can't charge him for fraud. (Welcome to Canada, where you can do whatever you want and at most, get a slap on the wrist.)  

So based on all of this, in your opinion is it worth it to try and pursue this? $19k is a significant amount to me, and I have everything documented and in writing so I'm certain I'll win... but will he just turn around and claim bankruptcy? Am I throwing good money after bad? $200 filing fee is one thing, if I had to get a process server to try and track him down they quoted me around $300-400. Plus the timing sucks to try and go to court, and it'll likely be a couple months waiting time at least. But the possibility of being able to recoup some of that cost is enticing.