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I paid a contractor to do work on my house, he took $6000 October 08 and never did anything.?

In October of 08 I hired a electrician to work on my house, he then said he could do some of the other things needed in my house. He kept coming back and asking for more money saying it was for supplies for the house. My house was to be completed by Thanksgiving 08. He never did anything and kept making excuses. In December of 08 I asked for my money back it is now May of 09 and now he told me he spent the money on a retainer for attorney because he is going through divorce. He is now getting angry when I call him. He has $6000 of my money. Should I put a lien on his house that could get sold during the divorce? Should I sue both him and his wife because it's a marital debt? Should I go to small claims court which only goes to $5000 and lose a $1000?

Update:

OK OK I'M A IDIOT! I GET IT! I've contacted two others and who he owes money too.

Update 2:

Thank you for the answers, I really do get it. John thank you for your answer and many thanks to the rest.

Update 3:

He has moved out of his house and now no address. His wife says she doesn't know where he is. Even though he comes by to pick up the kids.

23 Answers

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  • 1 decade ago
    Favorite Answer

    sue!!!!!!! i am an electrician and am offended that assholes like this represent the rest of us hard working tradesmen. i feel your pain, i wish you nothing but success in retrieving all of your money plus some. however, i cannot imagine paying anything upfront or asking for anything upfront for services not yet rendered without a solid written contract. if you have a written contract, push legal action now!!!! screw him and his personal situation, as he has no concern for yours. infact, if his business ethics reflects his personal ethics its no wonder shes divorcing him. if she is held accountable for 1/2 this debt through a judgment against him, so be it. she married the ******* and she probably saw attleast a dollar of your money at some point since you originally paid him anyway. you are number 1, worry about yourself, as he did himself. if you have no written contract, get some sort of evidence to submit in court prior to serving papers for suit. checking acount info will help but doesnt secure a judgment, get some audio of him acknowledging the debt, or an email. anything. in the end, if you dont get your money back, wait a year or so, and hunt him down, this guy is a piece of **** and deserves everything coming. if you live in az, ill hunt him down for you

    infact, i just got a call oking my proposal on a $1000 job, "when can i start?". i am showing up monday with all $250 in material and havent recieved 1 penny yet, the job was a referal, and i can always return the supplies. i put myself in the clients shoes, if i have to ask for anything upfront, prior to doing 1 hour of work, i feel i started off on a untrusting first bad step. if this were a total stranger, id do the same thing, but ask for 50% upon my arrival, do the job and collect the remaining 50%. keep this inmind next time, in this economy and even in a perfect economy, the serviceman needs to earn your business, you have many options and ultimately you have to both trust eachother, like any relationship. you both have something to lose. its your investment, and his time. you should both always feel good about the deal! always!

    DONT BE SO HARD ON YOURSELF EITHER. ITS A LEARNING EXPERIENCE AND THE FACT THAT YOU ARE ASKING WHAT TO DO WITH A SUM THIS HIGH AND HAVENT ACTED YET, TELLS ME THAT YOU ARE SURVIVING JUST FINE. JUST GET BACK WHAT IS YOURS AND LEARN YOUR LESSON. THEN MOVE ON

  • 1 decade ago

    You probably should have checked him out before you paid him any money. Was he bonded and insured to do business in that field? Did he have a contractors license? Do you know this person? Are you a friend? Do you have a legally binding contract with him? If you don't know these people you might consult a lawyer to see which direction you should go. Most lawyers will do 1 free consultation. $6000 is an extreme amount to pay upfront depending on what you wanted done.

    Source(s): Just my opinion.
  • John
    Lv 6
    1 decade ago

    You can take him to small claims court.

    If you win, and he fails to return your money you can then have his personal possessions repossessed by a county sheriff, as a way to try to recoup the money.

    The courts are very empathetic with homeowners who have been duped by independent contractors who work on their home.

    If you have a contract or an estimate, bring that with you to the court. If you do not have those items, bring the canceled check.

    You should also file a police report, as this may be theft by deception.

    If the police determine it is theft by deception, charges may be filed. If charges are not filed you will still get a copy of the police report to bring to court.

    If you are a senior citizen, let the police know, because there may be stricter rules that apply to hoodwinking senior citizens, in your state.

    Most judges have had similar experiences when having home repairs or renovations done.

    In addition, your complaint is a very common homeowner complaint. And, the number of complaints is growing so rapidly that many states are leveling criminal charges against such contractors.

    It appears that many of the people who become independent handyman or home repairmen or construction workers are the type of people who are NOT able to be employed by a larger legitimate employer.

    Hence they start a small business to try to earn a living, but they are not good workmen in general, and their poor work habits and inability to complete tasks soon become obvious.

    If you win the in small claims court, the contractor will likely be ordered to pay you your court fees, too.

    I am not sure about the lien on his home.

    Typically it is the contractor who can put a lien on a home he has done work in, but has not been paid for by the homeowner. You might want to contact an attorney about this.

    Lastly do not threaten him and do not continue to call him at home because then it is possible he may ask the police to file charges against you for harassment.

    Send him one letter detailing your complaint. Mail it certified mail.

  • Anonymous
    5 years ago

    If you're named the General Contractor for this job and anyone, anyone, else works at your home, no matter if they're working and being paid through a subcontractor, you must have Worker's Compensation Insurance filed through the State in case anyone is injured on the job. You can really get yourself in a hugh mess of trouble, legally and financially, without this. Technically, this applies even when hiring a babysitter or house cleaner to work in your home, but it's more important with this kind of job because of the exposure to risk. You may not know the ethics of the people coming and going who work on your job or god forbid, someone truly gets really hurt or dies, better safe and protected, than sorry. Talk to your insurance people about this and contact the State for the specifics.

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  • 1 decade ago

    Sue:

    You already get the point of your mistake, so

    how best to recover?

    HIs wife and kids are not responsible for his

    irresponsibility, but neither can they escape

    the consequences of his actions.

    Contact the police and file a police report

    against him, and then do a google search

    on commercial liens. It is a little known tool

    that goes outside the court system, yet is

    much more effective.

    Properly used, you can go after his house

    with a lien that does not go away. You will

    find that once his wife see the risk and exposure

    she and the kids are under, you will have an

    unwitting ally that will do her best to get him to

    make this real threat go away.

    You can take him to court, if you can find him

    to serve process, but even if you win a

    judgment, how are you going to enforce it,

    to make him pay? You can't, if he still refuses

    to pay.

    You will also incur lawyer fees, who are just as

    bad as the electrician who charged you for

    no results. You will pay, maybe as much as you

    stand to lose, to an attorney, and get similar

    results.

    Not an easy situation, and no easy answer.

  • 1 decade ago

    Sue both him and his wife because it's a marital debt. That is the original idea I had. This man is already in the legal system and you are going to end up spending a lot of time and money trying to get money that way.

    Now that I rethink it small claims court would probably be the easiest and after figuring in the time that you would spend in court and the costs of taking off work for as long as it takes as well as the lawyer's standard cut, which is about 40%. You probably won't be able to get all of your money returned to you, although you can take a risk.

    I have no right to tell you to risk either way. This is just my suggestion. Both gives pros and cons. For all I know you could sue them and and get the money you deserve. Both options contain risks.

  • Anonymous
    1 decade ago

    I don't understand how you gave someone so much money and never got any work out of him! I would do everything I could to get my money back, small claims, lien, attorney what ever. I hope you learned how to find someone with a better reputation than that scumbag. There are way too many crooks out there.

  • 1 decade ago

    You got scammed, lady. This so-called "contractor" was only fundraising for his upcoming divorce. If he does have a real license- immediately report it. Then, go about attaching liens to ALL his property ASAP. Good luck!

  • Anonymous
    1 decade ago

    Well I would never pay before a job! I would file a lawsuit for fraud. You need proof the transaction happened or else your skrewed because he could just say you never gave you money. If you can't get a receipt get a good recording of him admitting he owes you money!

  • Anonymous
    1 decade ago

    86% YTD plus 24 Hour Direct Managed Forex Account Access, why are you still trying to find a $99 forex robot

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