Can I sue all parties on an assumed name license

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cesar2851

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I hired a contractor with a written contract to build a deck on my house. Before I hired him I asked if he was licensed and insured and he assured me that he was but I did not check with the state. I gave him $2,500 for materials as a deposit. The contract states that it would be done in about a week. He started the project the next week and had 6 boards delivered to my house and dug three holes in my back yard. Then he did not return for over a month.

I finally got in touch with him and he informed me that he was not operating under a license. I told him that I wanted my money back and that I did not want unlicensed work done on my house. It has now been over a month and he has not returned my money. Now he ignores my phone calls and has broken several promises to return the money by specific days. I have much of this documented in voicemails saved to my computer. I have tried to send him a registered mail with return receipt but it looks like he was using his sister in law's address and they will not accept mail for him anymore. The new address he has given me comes back to me as undeliverable mail. I have a copy of the cancelled check which was for deck materials, a copy of our contract, a copy of his business license from the secratary of state (not a contractors license otherwise I would go to the recovery fund).

I found his business license with the Secretary of State for an assumed name and his sister in Law is also listed on the license under the assumed name as well as her address as the business location. Does that give me the ability to include his sister in law in the lawsuit in small claims court? She has property I have found online in the tax records.

What other legal resources do I have to track him down? I know his former employer's business (company he worked for when I hired him) who should have his personal information, is there any way I can get the courts to make them give it to me?

Thanks!
 
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