I gave a pool contractor a deposit for $600, a few days later he did not show up, in fact he demanded a higher rate to start the job. The check was already cashed and he will not return calls. I have his home address, can i file police charges for fraud? I don't think he has a license, what are my legal options for causing this scum as much damage as possible.
Answers:
It depends on your state. I don't think the police will pursue as this is a civil matter.
Follow these steps:
1) Call your city/county/local building department and determine if he has a license.
2) Find the Consumer Sales Protection or Practice Act in your state. A search under your state statutes for "deposit" will quickly find the law relevant to your situation.
3) Your state law may allow for attorney fees - my state does - and so it is easy to find an attorney to take the case because they'll take their fees from scum contractor.
4) Your state may allow for 3x damages for a wrongly held deposit - my state does.
5) Once you find the consumer statute, file a small claims case for the full amount of the monetary jurisdiction of the court (in my state $3,000) and plead fraud, breach of contract AND violation of the state consumer statute. Sue him personally AND in the name of the company.
6) Most bad contractors won't appear. You'll get a default against him personally and can levy or collect the judgment from his personal assets.
If these steps are too hard. hire an attorney on a contingency or mixed fee basis. You can get a referral from your local bar association for a consumer law lawyer.
Start with the police; possibly get a mechanic's lien filed against him and his "business". BBB for certain; zoning to "check" on his license
what makes you think his home address is any good? if hes an actual contractor he must be registered with the state and that is where you file your complaint.. the police will not do anything because it is a civil matter.
file a suit in small claims court
ninja, would you stop bloody claiming you go to law school please? it's insulting to the rest of us.
and make sure you have plenty of paper work to show for evidence in small claims court. contact a local attorney.
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