What is the name of your state? California
My husband and I signed a contract with a contractor about remodeling the kitchen and adding second floor of our residential home on March 1, 2006. The contract did not specify starting time. He applied the permit for the kitchen, but has never done for the second floor. He has collected our down payment a few times in total of $83000 (we now know this is illegal). The down payment included 25% of total cost, permit fee, foundation checking and architect designing fee. He has not done anything so far. We recently found that the contractor' license number was suspended by California Construction board on Dec 5, 2006 for not paying his material provider in an another civil case. We talked to him on Dec 13, 2006, and he agreed to refund us. But we never received the money. Now he does not respond our phone calls or email. We know he has other bigger projects and apparently he is in financial trouble. We plan to sue him if he does not return the money. But we worry that he could file bankruptcy and get away from this. Your legal advice will be greatly appreciated.
My husband and I signed a contract with a contractor about remodeling the kitchen and adding second floor of our residential home on March 1, 2006. The contract did not specify starting time. He applied the permit for the kitchen, but has never done for the second floor. He has collected our down payment a few times in total of $83000 (we now know this is illegal). The down payment included 25% of total cost, permit fee, foundation checking and architect designing fee. He has not done anything so far. We recently found that the contractor' license number was suspended by California Construction board on Dec 5, 2006 for not paying his material provider in an another civil case. We talked to him on Dec 13, 2006, and he agreed to refund us. But we never received the money. Now he does not respond our phone calls or email. We know he has other bigger projects and apparently he is in financial trouble. We plan to sue him if he does not return the money. But we worry that he could file bankruptcy and get away from this. Your legal advice will be greatly appreciated.