Stratiotes7
New member
I'm sorry for the lengthy post, but appreciate anyone who reads through it and offers me any advice. I'm getting desparate as I can't get a new well until I get the refund back from this guy.
State: Arkansas
Situation:
I needed a water well asap. Licensed diggers in my area are all 8 months + waits. I found a local guy who said he was digging closeby and could get to me in around a month. The next day, we met and he gave me a quote and, in order to get on his list, wanted me to sign a contract and pay a $4000 down payment (for a ~$13k total). He said this was because his industry was bad about poaching jobs out from under after he's spent money on all the equipment and moved his rig.
I should have known better, but I was desperate and agreed--and paid up. A week or two later, I heard back from another well driller I'd reached out to before and he basically said, "Good luck with your guy. He used to work for us and was unreliable so we fired him. You'll be lucky if he shows up." This guy also told me the guy has been in trouble for installing well pumps without a license (just licensed for installing the well itself). He also said I shouldn't have given a down payment as "noone else around here asks for that." Of course, this warning was too late. I hoped all this was just trashing of the competition.
At the month mark, I hadn't heard from the guy. I texted him for an update. He said "should be able to get started in a couple of weeks." I waited two more weeks and again didn't hear back. I reached out again and was told, "Should be another couple weeks. Had some equipment problems." I informed him I'd wait two more weeks, but after that I'd like out of my contract and a refund on my deposit. Two more weeks, again didn't hear anything. Contacted him again to tell him I was done. He basically said, "Well, I could probably get to it in a couple of weeks." He ultimately agreed to give me my money back, but said it would take 10-14 days to get it out of his escrow.
I waited 3 weeks, nothing. I contacted him. He replied that the bank got my zipcode wrong but that it was resent that afternoon. Another week--nothing. I reached out again, he stopped answering. I sent multiple texts which is how we'd communicated in the past and I could see that he was "reading" them. Finally, I threatened small claims. He finally replied that he'd get me paid one way or the other. He refused to tell me the name of the bank or give me any contact info. He said he'd call them the next morning. I waited all day the next day... nothing. I texted again and he read but didn't reply. Today, I filled out the small claims complaint form. I texted him one last time to ask if he could update me or somehow provide evidence this check was on the way, he did not reply. I submitted my paperwork. He later replied that before the bank could send my check, it froze his account for lack of "paying my note because I haven't been able to work past two months due to equipment failure".
Question/s:
His business is an LLC. Does anyone know how the escrow works (assuming he actually put it in an escrow) and how a bank could freeze escrow refund to the customer? I personally think he's lying. I figure he spent the money and now can't afford to refund me. I am anticipating having to eventually have to take further legal action, but I've never done this before. Any ideas that might help me out in Arkansas?
Thanks!
State: Arkansas
Situation:
I needed a water well asap. Licensed diggers in my area are all 8 months + waits. I found a local guy who said he was digging closeby and could get to me in around a month. The next day, we met and he gave me a quote and, in order to get on his list, wanted me to sign a contract and pay a $4000 down payment (for a ~$13k total). He said this was because his industry was bad about poaching jobs out from under after he's spent money on all the equipment and moved his rig.
I should have known better, but I was desperate and agreed--and paid up. A week or two later, I heard back from another well driller I'd reached out to before and he basically said, "Good luck with your guy. He used to work for us and was unreliable so we fired him. You'll be lucky if he shows up." This guy also told me the guy has been in trouble for installing well pumps without a license (just licensed for installing the well itself). He also said I shouldn't have given a down payment as "noone else around here asks for that." Of course, this warning was too late. I hoped all this was just trashing of the competition.
At the month mark, I hadn't heard from the guy. I texted him for an update. He said "should be able to get started in a couple of weeks." I waited two more weeks and again didn't hear back. I reached out again and was told, "Should be another couple weeks. Had some equipment problems." I informed him I'd wait two more weeks, but after that I'd like out of my contract and a refund on my deposit. Two more weeks, again didn't hear anything. Contacted him again to tell him I was done. He basically said, "Well, I could probably get to it in a couple of weeks." He ultimately agreed to give me my money back, but said it would take 10-14 days to get it out of his escrow.
I waited 3 weeks, nothing. I contacted him. He replied that the bank got my zipcode wrong but that it was resent that afternoon. Another week--nothing. I reached out again, he stopped answering. I sent multiple texts which is how we'd communicated in the past and I could see that he was "reading" them. Finally, I threatened small claims. He finally replied that he'd get me paid one way or the other. He refused to tell me the name of the bank or give me any contact info. He said he'd call them the next morning. I waited all day the next day... nothing. I texted again and he read but didn't reply. Today, I filled out the small claims complaint form. I texted him one last time to ask if he could update me or somehow provide evidence this check was on the way, he did not reply. I submitted my paperwork. He later replied that before the bank could send my check, it froze his account for lack of "paying my note because I haven't been able to work past two months due to equipment failure".
Question/s:
His business is an LLC. Does anyone know how the escrow works (assuming he actually put it in an escrow) and how a bank could freeze escrow refund to the customer? I personally think he's lying. I figure he spent the money and now can't afford to refund me. I am anticipating having to eventually have to take further legal action, but I've never done this before. Any ideas that might help me out in Arkansas?
Thanks!
