Paid deposit and contractor disappeared

[Hendrik]

Jurisdiction

Georgia

Hi, I paid a deposit of $2,800 to a licensed plumber for the installation of an irrigation system at my house. The plumber never performed the work. I have documentation of him making statements that - in retrospect - were probably false and intended to manipulate.

I have filed a small claims case but the plumber avoided service and disappeared.

My question is what I can do next? Can I sue him for fraud and get an arrest warrant? How do I find an attorney to help me with this?
At this point, it's not only about the money, but not letting somebody steal from me and think he can get away with it.

Thank you very much

 

[Zigner]

Do you have his bond information?

 

[army judge]

My question is what I can do next? Can I sue him for fraud and get an arrest warrant? How do I find an attorney to help me with this?
At this point, it's not only about the money, but not letting somebody steal from me and think he can get away with it.

For future reference, make sure to only pay your contractor a reasonable deposit—typically 5 percent, but no more than 20 percent, of the total contract price cost—and have written provisions in your contact entitling you to a refund of your deposit if the contractor does not show.

I suggest you file a complaint with the law enforcement agency that has jurisdiction over the village, town, city, or county in the state where your home is located.

The detective you file the complaint with will provide you with specific instructions regarding next steps.

In summation:

Contacting Local Law Enforcement. If you believe that the contractor took your money and has no plans to return to do the work, you may want to report it to local law enforcement.



Another approach:

Reporting the contractor to Georgia's state licensing board or his local licensing board (or to the proper authority if he is operating without the required state or local licenses). You can check with your local building inspection department to see what the licensing requirements are in your area, and you can verify that your contractor has a valid license by going to the License Verification section of the Secretary of State's website
Verification .

Another option:
Contacting the Consumer Protection Division. You can also submit a complaint to the Georgia Department of Law's Consumer Protection Division at consumer.ga.gov or by calling 404-651-8600, or to the Federal Trade Commission (FTC) at ftc.gov.

Contractor was paid but never did work
...

 

[zddoodah]

I paid a deposit of $2,800 to a licensed plumber for the installation of an irrigation system at my house.

Plumber or plumbing contractor?

I have filed a small claims case but the plumber avoided service and disappeared.

My question is what I can do next?

No one "disappears." In order to sue successfully, you have to locate the person in order to serve him with process.

Can I sue him for fraud and get an arrest warrant?

You've already sued him. Did you not include fraud as one of the bases for the lawsuit? If you didn't, why didn't you do that?

Regardless, YOU cannot get an arrest warrant, and warrants are not based on civil lawsuits. If you think criminal fraud occurred, report it to the police and see what happens.

How do I find an attorney to help me with this?

An attorney will not likely be practical for such a small claim. Regardless, google "[name of your city] civil attorney" (or something like that).

 

[adjusterjack]

Licensing and written contracts are very important but they don't prevent the contractor from disappearing with your money.

There's an old saying that an ounce of prevention is worth a pound of cure.

The only way to prevent a contractor from running off with your money is not to give him any money up front. Period.

For small jobs, pay on satisfactory completion and clean-up.

For large jobs, you can divide the work into phases and pay some at the completion of each phase.

If a contractor wants money for materials tell him to have the materials delivered to your site and you'll reimburse him when he presents you with the invoice. Or, you can get a list from him and go buy the materials yourself.

If he wants money for a permit have him get it and bring you the permit and the receipt. Or, you get the permit yourself.

If a contractor is not willing to work under those conditions then you've dodged a bullet. Many contractors will work under those terms when they want the job.

And never pay cash. Pay by check so you have a record of the payments.

Remember, the contractor has more leverage against you if you don't pay than you have against him if he runs off with your money.