Please someone read this and help!!!

[SUNNYGURLNYC]

What is the name of your state? Florida
This is a long one....My boyfriend and I moved from NY a year ago. We opened up this business, construction. My name is on everything and I am incorporated. About a month ago we took a big loss from a job and things started to go bad. He had alot of open jobs, things weren't getting finished, people were complaining etc. He kept getting more jobs though and would get deposits for these jobs. It seemed as though he was robbing one job to pay the other (materials, payroll etc) Two weeks ago he walked out of the door to go to work and never came back. He left me and his 2 children and sent us $100 in the mail no explanation nothing. He had 3 open jobs that I knew about, 2 I finished on my own to collect the money for me and the kids. The other one he has collected a total of $14000 in checks which I cashed but gave him the money for materials and payroll. Come to find out he took alot of money from different people that I didnt know about which kind of helps me because they have neer seen me so it probably will fall totaly on him. However I am worried about the job he took all of the money for and didnt finish. I calculated that about 8,000 of work is completed owing 5000 which covers the tile and labor which is what is missing. I also found out he never had a lic, which he lied about. I also think he has done this before and may have a warrant in NY for it. Everyone is telling me to go to the police but I'm scared that that would open a can of worms on myself since I am the sole owner of the company. What should I do????

 

[Curt581]

This is a long one....My boyfriend and I moved from NY a year ago. We opened up this business, construction. My name is on everything and I am incorporated. About a month ago we took a big loss from a job and things started to go bad. He had alot of open jobs, things weren't getting finished, people were complaining etc. He kept getting more jobs though and would get deposits for these jobs. It seemed as though he was robbing one job to pay the other (materials, payroll etc) Two weeks ago he walked out of the door to go to work and never came back. He left me and his 2 children and sent us $100 in the mail no explanation nothing. He had 3 open jobs that I knew about, 2 I finished on my own to collect the money for me and the kids. The other one he has collected a total of $14000 in checks which I cashed but gave him the money for materials and payroll. Come to find out he took alot of money from different people that I didnt know about which kind of helps me because they have neer seen me so it probably will fall totaly on him. However I am worried about the job he took all of the money for and didnt finish. I calculated that about 8,000 of work is completed owing 5000 which covers the tile and labor which is what is missing. I also found out he never had a lic, which he lied about. I also think he has done this before and may have a warrant in NY for it. Everyone is telling me to go to the police but I'm scared that that would open a can of worms on myself since I am the sole owner of the company. What should I do????

There are some holes in the story that need to be filled.

Is he listed as an officer of the corporation?

What position?

When you say "he didn't have a license", do you mean a contractor's or construction trade license?

What kind of warrant does NY have?
This matters, since Florida may not care if it's a non-extraditable misdemeanor case.

You say he left you and "his" kids... are you their mother?

Sounds to me like you're on the hook for most, if not all of it, as the head of the company. There are others here better versed in business law than I am.

I suggest going to full-tilt CYA mode and hire an attorney.

These kinds of shenanigans aren't uncommon among start-up home improvement contractors. Should be easy to find a local one that can help you.

 

[SUNNYGURLNYC]

No he is not listed as anything the only thing that has his name is the contracts that he wrote has his name on the top of it, he didnt have a contractor's lic, I am their mother, the warrant could be for larceny (I overheard a conversation with his mother but he blew me off when I asked about it) I am an educated woman and I feel like an idiot, like one of those women you see on a shame on you news story!!! I had no idea he was capable or even knew this was going on!!! How can I find out if he has a warrant?? I have searched every web site know to man and I called the warrant squad in NY but they wouldnt help.

 

[Curt581]

No he is not listed as anything the only thing that has his name is the contracts that he wrote has his name on the top of it, he didnt have a contractor's lic, I am their mother, the warrant could be for larceny (I overheard a conversation with his mother but he blew me off when I asked about it) I am an educated woman and I feel like an idiot, like one of those women you see on a shame on you news story!!! I had no idea he was capable or even knew this was going on!!!

First priority is taking care of yourself and the kids. The company's financial health is secondary, but still important. Are there any employees to worry about?

Start calling everyone you've contracted with and explain the situation. Maybe you can work something out. I'm sure they'd rather have you make an effort to make good on the contracts than just default and have them be forced to sue. Everybody loses if that happens.

How can I find out if he has a warrant?? I have searched every web site know to man and I called the warrant squad in NY but they wouldnt help.

They probably won't help. Some Courts have automated records systems on-line, but not many. You may not be able to find out.

In any case, his having an open arrest warrant won't do much to help you at this point. You're going to have to pull yourself together and straighten this out. Step One is hiring an attorney.

Try to find a lawyer that can help in several areas.

Business law... since you may be sued over this mess.

Criminal law... You may be subject to Florida's Theft By Contractor laws

Family law... You're going to need child support from the father.

 

[SUNNYGURLNYC]

First off thank you curt for answering me.... all of the employees were taken care of thank god! I did go to the few jobs I did know about and finished up except for the one he pulled all of the money out of (14,000), that is the one which scared me the most. I keep hoping idiot will do the right thing and is regrouping to find money to finish. I did speak to a lawyer and I am meeting him on monday. As far as the corporation, since I am incorporated, they can only sue the corporation which has nothing not me personaly (welcome to the wonderful world of Fla). As far as child support, he will never work on the books this I know for sure so criminally is the only way I can satisfy what he has taken from me and the kids! I am just too much of a chicken @#*$ to call the police in NY to ask...LOL. Should I leave an anonymous tip or call the IRS?!

 

[Curt581]

except for the one he pulled all of the money out of (14,000), that is the one which scared me the most. I keep hoping idiot will do the right thing and is regrouping to find money to finish.

I wouldn't hold my breath.

Talk to the customer. Maybe you can still work something out. The worst they can do is say No.

As far as the corporation, since I am incorporated, they can only sue the corporation which has nothing not me personaly (welcome to the wonderful world of Fla).

Better ask the lawyer for specifics. You may still be on the hook, despite incorporation. I'm pretty certain it does not give you blanket immunity from ALL civil suits... or criminal liability for that matter. Be on the lookout for any other contracts he didn't tell you about.

As far as child support, he will never work on the books this I know for sure so criminally is the only way I can satisfy what he has taken from me and the kids!

Oh, you'd be surprised what a good lawyer can do, even if he "works off the books". It may take awhile, so start the paternity process now.

I am just too much of a chicken @#*$ to call the police in NY to ask...LOL. Should I leave an anonymous tip or call the IRS?!

NY isn't gonna care, unless he's in custody in another state, or physically in the jurisdiction that issued the warrant. Even if he's in custody, they won't care unless the warrant they hold is for an extraditable felony.

The IRS is also a waste of time. I know lots of people running around with tax warrants on them, and the IRS doesn't seem too worried about it.

Whatever. "F" him.

Worry about YOU and the critters right now.

This too shall pass.

 

[tsk7199]

Warrant search

I don't know how the courts there work but where I live depending if it's a mis. or felony warrant.......you could call district or superior court clerk and ask them to do a warrant search on an individual. Again, I don't even know if he had to have gone to court on the matter first for them to be in their system or if they are all automatically put in. You could try though. That is the only other option I could think of to finding out. I just went through trying to find out if someone had a warrant. Not too many people give out that info. As far as what curt said about extraditable warrant....I am on the west coast...washington state.....yes all felony warrants are extraditable but depending on the charge some states may only extradite from immediate surrounding states. Just found this out myself.

 

[usaohol]

Protected by incorporation

Incorporation can protect you in a civl suit, however if there are any taxes that are owed you are responsible for despite being incorporated! Also any money he took for jobs is income to you and affects your taxes!