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Contractor took $15K deposit and disappeared - what are my options?

Started by homeowner_scammed · Feb 14, 2024 · 12 replies
For informational purposes only. Not legal advice.
HS
homeowner_scammed OP

I feel so stupid. Hired a contractor back in October for a kitchen renovation. Total job was $45K, he asked for $15K upfront for "materials and permits." Had good reviews on google, showed me his license, seemed professional.

He came by twice after I paid, did some demo work, then just... vanished. Won't answer calls, texts go unread, showed up at the address on his business card and its a UPS store mailbox. Its been 5 weeks.

I have the contract, cancelled check, and text messages. What are my options here? Can I actually get this money back or am I just screwed?

CL
ConstructionLawyer Attorney

Sorry this happened to you. Unfortunately its more common than people realize. Here's your action plan:

1. State Contractor Board Complaint (do this FIRST)
If he's licensed, file a complaint with your state's contractor licensing board immediately. This is often more effective than court because: - Boards can suspend/revoke licenses - Many states have contractor recovery funds for exactly this situation - If he has a surety bond (required in most states), you can file a claim against it

2. Small Claims Court
$15K is within small claims limits in most states. You don't need a lawyer. Bring your contract, proof of payment, all communications, photos of incomplete work. Even if he doesn't show up, you get a default judgment.

3. Police Report
File one. Taking money with no intent to perform the work is theft by deception in most jurisdictions. Police often say "its civil" but file anyway - it creates a paper trail and sometimes prosecutors do pursue these, especially if he's done it to others.

4. Check for Other Victims
Search his name and company on local Facebook groups, Nextdoor, BBB complaints. If there's a pattern, a prosecutor is more likely to get involved and you might have grounds for a class action.

OV
other_victim

same thing happened to us last year. different contractor but same playbook - professional website, good reviews (probably fake), took $12K and disappeared

we filed with the licensing board and found out his license was actually expired. board couldn't do much but they directed us to the recovery fund. took 8 months but we got back $8K. not all of it but something

so sorry you're going thru this. its such a violation

RD
reno_detective

Document everything NOW before memories fade:

  • Screenshot all text messages and emails
  • Photos of any work done (or not done)
  • Get a copy of permits pulled (or proof none were pulled)
  • Bank statement showing the payment
  • Copy of his license info if you have it
  • Write down timeline of every interaction while its fresh

Also send a formal demand letter via certified mail to every address you have for him. Even if returned, it shows you made good faith effort to resolve.

AM
asked_mom

did you pay by credit card by any chance? if so dispute the charge immediately. banks take contractor fraud seriously

HS
homeowner_scammed OP

@asked_mom no he insisted on check. should have been a red flag in hindsight

@ConstructionLawyer thank you for the detailed response. looked up his license and its showing as "active" on the state website. filed the complaint this morning and they said typical investigation takes 60-90 days. also filing police report today.

@other_victim sorry you went through it too. the violation is real - I keep second guessing myself like how did I not see this coming

CL
ConstructionLawyer Attorney

If his license is active, thats actually good news for you. Means he has a bond you can potentially claim against, and the board has more leverage.

One more thing - check your homeowners insurance. Some policies have coverage for contractor fraud/theft. Long shot but worth a call.

And don't beat yourself up. These guys are professionals at this. Good reviews are easy to fake and they know exactly how to seem legitimate. The fact that you have a signed contract and documentation puts you in a better position than most.

HS
homeowner_scammed OP

UPDATE: I won my small claims case! The contractor never showed up to court so I got a default judgment for the full $15K plus filing fees.

But now I'm stuck. The court gave me a piece of paper saying he owes me money, but he still won't respond to anything and I have no idea where he actually lives or banks. The judgment doesn't automatically put money in my pocket apparently.

How do I actually collect on this? Do I need to hire a lawyer now? The whole point of small claims was avoiding that expense. Any advice on enforcement?

CL
ConstructionLawyer Attorney

Congratulations on the judgment! Now comes the harder part - collection. A few options:

1. Debtor's Examination
You can file a motion to compel the debtor to appear in court and disclose his assets, bank accounts, and income under oath. If he fails to appear, the court can issue a bench warrant. This is often the first step.

2. Wage Garnishment
If you can identify his employer (check LinkedIn, his contractor license records, or do some googling), you can get a wage garnishment order. Most states allow 25% of disposable income to be garnished for civil judgments.

3. Bank Levy
If you find where he banks, you can get a bank levy to freeze and seize funds. Some people hire skip tracers or use asset search services ($100-300) to locate bank accounts.

4. Property Lien
Record your judgment with the county recorder where he owns property. It attaches to any real estate he owns and must be paid if he sells or refinances.

5. Collection Agency or Attorney
Some attorneys work on contingency for judgment collection (typically 33-40% of what's recovered). There are also collection agencies that specialize in judgments.

Judgments are typically good for 10 years and renewable. So even if you can't collect now, keep it active. People's financial situations change.

ND
nextdoor_neighbor

OP - I found this thread while researching the same contractor. I posted about my experience on Nextdoor last week and THREE other people in our county reached out saying he did the exact same thing to them. Same playbook - professional presentation, $10-20K deposit, does minimal demo work, then ghosts.

Combined losses are over $55K between the four of us. We've been sharing documentation and one of the other victims has a contact at the DA's office. They're now opening a criminal investigation for grand theft and fraud. Apparently when there's a clear pattern like this with multiple victims, prosecutors are much more willing to pursue it.

If you're comfortable, DM me and I can connect you with our group. The more victims who come forward, the stronger the case. The DA investigator said they may also be able to find assets we couldn't through their subpoena power.

Also - turns out his "active" license was under a different business name than what he was operating under. The licensing board is now looking at that angle too.

RH
RobH_Homeowner

This is terrifying to read. We're about to start a bathroom renovation and were going to give the contractor 1/3 upfront like he asked. Now Im reconsidering.

For anyone who's been through this - what's a "safe" deposit amount? Is 10% standard or unreasonable to ask for? Don't want to lose a good contractor by being too paranoid but also don't want to end up like OP.

HS
homeowner_scammed OP

@RobH_Homeowner - honestly 10% is totally reasonable and any legit contractor will understand. In my state (CA) they legally cant ask for more than $1,000 or 10%, whichever is less, for home improvement contracts. I didnt know that at the time obviously.

Also HUGE update on my situation: connected with @nextdoor_neighbor's group and the DA filed criminal charges last week. Fraud and grand theft. The contractor got arrested. Not sure if we'll ever see our money but at least hes not scamming anyone else.

The group of victims is also pursuing a civil suit together. Strength in numbers.

LS
LisaS_HomeReno

@homeowner_scammed thats amazing news about the arrest! Gives me hope for my own situation (different contractor, similar scam, $8k gone).

For anyone dealing with this - I also want to recommend checking your local bar association for lawyer referrals. I found an attorney who does free 30-min consultations and he helped me understand my options without charging anything. Ended up not needing to hire him because the contractor board actually came through with their recovery fund.

Took 6 months but got $6,500 of my $8k back through the state fund. Not everything but better than nothing.

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